The competencies of issuing low and high temporary disability. The judicial review

Abstract

The modification of section 1 of Article 170 of the Consolidated Text of the General Law of Social Security (latest at the present) carried out by Royal Decree-Law 28/2018, extends the competencies of the INSS to the first 365 days of duration of temporary disability, so that only the initial issue of medical leave will correspond to the Public Health Services (common contingencies) or to the Mutual collaborators. Such extension supposes, both administratively and judicially, the need to distinguish the entities from which they must act, and in the judicial process, to present a conclusive evidence to oppose, when application, to the, in the opinion of the signatory, wrong presumption of objectivity from the Disability Assessment Team's medical report.