ANSWER:
　

According to the regulation stipulated in Article 2 of the Rules for the Settlement of Labor Insurance Disputes, insured units, insured persons, beneficiaries or medical service institutions affiliated with the national health insurance programs may apply for settlement of labor insurance disputes over the following authorized matters with the Bureau of Labor Insurance.

1. Matters related the qualification of the insured person and beneficiaries, and insurance matters.
2. Matters related the insurance wage or actual insurance period of the insured person.
3. Matters related to insurance premium or penalties for overdue premium.
4. Matters related to insurance payment.
5. Matters related to occupational injuries or illnesses.
6. Matters related to the degree of disabilities.
7. Matters related to medical expense for occupational incident.
8. Other matters related to insurance rights.

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ANSWER:

1. According to the regulation stipulated in Article 3 and Article 15-1 of the Rules for the Settlement of Labor Insurance Disputes, if the applicant believed that the decision made by the Bureau of Labor Insurance had damaged his/her insurance rights and interest, the applicant should fill up an application form for Settlement of Labor Insurance Disputes and file such application together with related supporting documents with the Bureau of Labor Insurance within sixty (60) days commencing from the following day of receiving the decision notice from the said Bureau, which shall be submitted to the Labor Insurance Supervisory Commission for settlement. Delay in filing the application shall not be entertained. Application sent by post shall be based on the postmark of the origin post office. Applicant who delayed in filing the application for reason not due to himself/ herself should submit a written explanation for the delay of filing the application for settlement of labor insurance dispute within thirty (30) days commencing from the following day of the extermination of cause.

2. Based on the abovementioned regulation, the applicant should fill up an application for Settlement of Labor Insurance Disputes. According to the regulation stipulated in Article 20 of the same Rules, format of the related application form shall be drawn up by this Commission.

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ANSWER:
　

In case the applicant believed that the decision made by the Bureau of Labor Insurance had damaged his/her insurance rights and interest, the applicant should file an application for settlement of labor insurance disputes with the Bureau of Labor Insurance within sixty (60) days commencing from the following day of receiving the decision notice from the said Bureau, which shall be submitted to the Labor Insurance Supervisory Commission for settlement as stipulated in Paragraph 1, Article 3 of the Rules for the Settlement of Labor Insurance Disputes. In case the labor insurance beneficiary(ies) has any dispute over the insurance payment approved by the Bureau of Labor Insurance, an application for settlement should be filed with the Labor Insurance Supervisory Commission according to the regulations stipulated in the Rules for the Settlement of Labor Insurance Disputes before filing an administrative petition. Please refer to the Verdict No. Pan-tzu-91 made by the administrative court in 1965, Decision No.65 Shu-12-tzu-3869 made by the Taiwan Provincial Petitions and Appeals Committee, and Decision No. Tai-nei-shu-tzu-733285 made by the Ministry of the Interior on April 21, 1977. According to the above regulations, if an applicant disagrees with the decision made by the Bureau of Labor Insurance, he/she may not file a petition.

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ANSWER:

1. According to the regulation stipulated in Article 3-2 of the Rules for the Settlement of Labor Insurance Disputes, upon receipt of the application the Bureau of Labor Insurance shall investigate whether the original decision was legal and proper and the application for settlement is reasonable before giving a new decision, and should also notify the applicant and the Labor Insurance Supervisory Commission. If the Bureau of Labor Insurance disagreed with the applicant's petition and made a revocation or changed the original decision, a letter of opinion together with necessary files should be submitted to the Labor Insurance Supervisory Commission as soon as possible and send a copy of the opinion to the applicant.

2. According to the regulation stipulated in Article 15 of the Rules for the Settlement of Labor Insurance Disputes, upon receipt of the letter of opinion from the Bureau of Labor Insurance, this Commission should submit the letter of opinion together with the application for settlement of labor insurance disputes to the Settlement of Labor Insurance Disputes Commission for settlement. The Settlement of Labor Insurance Disputes Commission should give its decision within three (3) months commencing from the following day of receiving the application, and may extend one time if deemed necessary but should not exceed two (2) months.

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ANSWER:
　

Settlement of dispute is a special administrative relief procedure. Therefore if the applicant disagrees with the decision made by this Commission, the applicant should write a petition and submit within thirty (30) days commencing from the following day of receiving the decision in accordance with the rules for petition together with a photocopy of the Decision to the Bureau of Labor Insurance. The Bureau shall submit the said petition to the Council of Labor Affairs under the Executive Yuan. If the applicant disagrees with the decision made on the petition, the applicant may file a petition with the high administrative court.

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ANSWER:
　

Settlement of labor insurance disputes is a kind of special administrative relief system. To protect the rights of the insured person, all major countries that initiated social insurance have set up special institution to deal with the disputes between the insurer and the insured person. System for settlement of labor insurance disputes was already stipulated in Paragraph 3, Article 5 of the Labor Insurance Act. The Settlement of Labor Insurance Disputes Commission was installed in accordance with the regulation stipulated in the Organization Regulations of this Commission, a special institution for the purpose of settling labor insurance disputes, and had drawn up the "Rules for the Settlement of Labor Insurance Disputes" to serve as a basis for handling disputes.

The scope of settlement of labor insurance disputes includes the followings:

1. Matters related to the insurance wage or actual insurance period of the insured person in labor insurance.
2. Matters related to insurance premium or penalties for overdue premium in labor insurance.
3. Matters related to insurance payment in labor insurance.
4. Matters related to occupational injuries and illnesses in labor insurance.
5. Matters related to the degree of disabilities in labor insurance.
6. Matters related to medical expense for occupational incident labor insurance.
7. Other matters related to insurance rights in labor insurance.
8. Matters related to employment insurance payment.

If the insured units, insured persons, beneficiaries or medical service institutions affiliated with the national health insurance programs believe that the abovementioned matters authorized by the Bureau of Labor Insurance had damaged their rights and interests, they should bill up an application form for settlement of labor insurance disputes and file such application together with related supporting documents with the Bureau of Labor Insurance within sixty (60) days commencing from the following day of receiving the notice, which shall be submitted to this Commission for settlement. Delay in filing the application shall not be entertained. Applicant who delayed in filing the application for reason not due to himself/herself should submit a written explanation for the delay of filing the application for settlement of labor insurance dispute within thirty (30) days commencing from the following day of the extermination of cause.

If the applicant is an incapable or restricted in presenting himself/herself, application shall be filed by his/her legal representative. The insured unit may process the application papers according to the request made by its subordinating insured person or his/her beneficiaries but should not go against the meaning of the insured person or his/her beneficiaries. The Settlement of Labor Insurance Disputes Commission of this Commission should call for a meeting once in half month, and may call for a special meeting if deemed necessary. The meeting should be attended by the major committee members. All the committee members should attend the meeting personally. Proxy is not allowed. A resolution shall be agreed by the majority vote of the attending committee members. In the event that there is a tie of votes, it shall be decided by the chairman.

Upon discussion and resolving the dispute for settlement by the committee members of the Settlement of Labor Insurance Disputes Commission, the result shall be compiled into a Letter of Decision and shall be approved by the Chief Commissioner of this Commission before sending it to the applicant, insured unit and the Bureau of Labor Insurance.

The Bureau of Labor Insurance should execute the decision made by the Settlement of Labor Insurance Disputes Commission of this Commission within fifteen (15) days commencing from the following day of receiving the Letter of Decision.

Application form for settlement of labor insurance disputes is free of charge and available at the nearest local office of the Bureau of Labor Insurance or at the Commission (10th Fl., 4 Roosevelt Ave. , Sec. 1, Taipei ). You may also visit the website of the Bureau of Labor Insurance and download the form from the web page of this Commission.

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