SECTION III: MEDICAL BOARD'S DECISIONS AND APPEALS AGAINST SUCH DECISIONS

SECTION III
MEDICAL BOARD'S DECISIONS AND APPEALS AGAINST SUCH DECISIONS
ARTICLE (10)
1.    The Medical Board shall adopt its decisions by majority voting if its members are three or over and by unanimous voting if its members are two only.
2.    The Governor shall call another physician to join the Medical Board membership to review the case if the Board fails to issue the relevant decision by virtue of the provisions of paragraph (1) above.
3.    The decision of the Board shall, in all cases, be reason-based. However, if no reasons are instituted in the decision, the case shall be presented again to the same Board to issue its final reason-based decision on such case.
ARTICLE (11)
1.    The contributor may appeal against the decision issued in respect of his case by the Primary Medical Board, provided that he shall submit his appeal to the Appeal Medical Board within twenty one working days at the most from the date he is notified of the Board's decision. The Governor may forego the contributor’s delay in submitting the appeal, if such delay is due to justifiable reasons.
2.    The Organization may appeal against the decisions issued by the Primary Medical Boards, in which case it shall submit its appeal to the Appeal Medical Board within twenty one working days at the most from the date of issue of the Board's decision. The Organization shall show the reasons for its appeal.
3.    The Organization or the contributor may withdraw the appeal submitted to the Appeal Medical Board at any time before the Board issues its decision.
4.    If the contributor appeals against the decision of the Primary Medical Board, he shall bear the transportation and residence expenses for himself and his companion (if any) throughout the entire period of his appeal before the Appeal Medical Board. In case the appeal is accepted, the Organization shall bear the said expenses in accordance with the approved rules.
ARTICLE (12)
1.    The Medical Board shall fix the times for the periodical medical examination of the recipient of pension or benefit regardless of the state of disability. However, the Board may extend the times of the periodical medical examination in cases where the Board believes that the case is, most likely, stabilized and neither recovery nor improvement is expected, provided that, in occupational disability cases, the injured person shall be re-examined at the beginning of the fifth year from the starting date of issuance by the Primary Medical Board of the first decision on the assessment of the state of disability. In cases of non-occupational disability, the final examination shall be made early before the contributor reaches age sixty.
2.    The Medical Board may subject the recipient of pension or benefit to a medical examination after he reaches age sixty, in non-occupational disability cases, and after the lapse of five years from the allocation of benefit in occupational disability cases, in order to verify whether the beneficiary is still in need of assistance of others in performing his everyday life activities. The allowance determined for this purpose shall become final by completion by the contributor of sixty five years of age for non-occupational disability and by the lapse of ten years from the date of allocation of benefit for occupational disability.
As an exception to the provisions of the preceding two paragraphs, the appropriate Medical Board may, if the contributor's injury is hopeless or unexpected to be healed, issue a decision that it is not necessary for the contributor to conduct medical periodical examination during the appointments referred to.

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