Disablement Benefit :
At times the insured person who was having a temporary
disability reaches a stage, when it cannot be improved further.
At this point we terminate the temporary disablement benefit and
refer the case to a Medical Board to assess the loss of earning
capacity due to permanent disability which occurred out of
employment. The assessment arrived at by Medical Board is the
percentage in terms of loss of earning capacity. Certain
injuries are listed in schedule II of the Act and are called
scheduled injuries. The percentage of loss of earning capacity
is determined as per schedule for such case.
IP whose PDB has been assessed as final and awarded at the rate
not exceeding Rs. 5.00 per day may apply for commutation within
6 months for payment in Lump Sum provided, the total amount does
not exceed Rs. 30,000/- After every 6 months average
expectation of life has to be certified by M.R.
of Employment Injury
When insured person is on leave for the second time on account
of the same injury, the IMO/IMP issues certificates for which
the Corporation pays cash benefits.
At the time of injury, the insured person does not take leave,
but continues to work. The IMP/IMO certifies leave later on when
the insured person feels incapacitated on account of the injury
TDB may co-exist with an illness, e.g. Typhoid & Colle’s
fracture. IMO/IMP issues certificates for both these ailments
and when one or the other is terminated he puts an appropriate
remark in the further certificates to enable the local offices
to regulate the cash benefits accordingly.
to Medical Board/MAT/E.I. Court
After final certificate has been issued, the case is referred to
Medical Board by the Regional Director for determining loss of
percentage of earning capacity.Functions of Medical Board is to decide whether the disability
is still temporary or permanent. If permanent, whether the
disability is provisional or final and so the percentage of loss
of earning capacity. This is fixed for Scheduled injuries, but
has to be decided by Medical Board for non-scheduled injuries.
Medical Board also assesses the age of the IP who are not able
to produce satisfactory proof of age.The Insured person or the ESI Corporation may be dis-satisfied
with the decision of the Medical Board. The case is then
referred to Medical Appeal Tribunal and if still not satisfied
by the decision of the Medical appeal Tribunal, the case is
referred to E.I. Court (Employees’ Insurance Court). Reference
has to be made within 60 days of the decision of the Medical
The insured person is informed by the Regional Office
accordingly. Employees Insurance Court and Medical
Appeal Tribunal are constituted by the State Govt. in
consultation with ESI Corporation. A Judicial officer or Lawyer
having practice of more than 5 years is the judge of E.I.Court.
A representative of a recognized Trade Union and a State Govt
Medical Specialist of the concerned faculty are members. Judge
of MAT should not be senior to the Judge of E.I.Court.