Social Insurance Law

1. If the recipient of a permanent partial disability benefit sustains another disability resulting from another work injury, he shall be entitled to receive a new benefit to be computed based on the total damage sustained thereby, provided that the total percentage of disability does not exceed 100 percent. Such benefit shall be computed based on the average wage or salary for the three months preceding the month in which the latest injury occurred or the average on the basis of which the first benefit was computed, whichever is greater. 2. If a contributor sustains a new injury or suffers a relapse or aggravation of a previous injury for which he received a lump-sum compensation pursuant to the provisions of Article 35(3) of this Law, he shall be entitled to receive a monthly benefit if the total percentage of disability makes him eligible to receive a benefit for permanent partial disability in accordance with the provision of Article 35(2) of this Law. In such case, the Organization shall recover the lump-sum compensation amount previously paid thereto by deducting such amount in installments from the monthly benefit, as specified in the Regulations. If payment of the benefit is suspended in Social Insurance Law application of the provision of Article 36(2) of this Law or as a result of the contributor’s death prior to full deduction of the amount of the lump-sum compensation, the remaining installments shall not be recovered. 3. Disability percentages shall be combined in the event of the recurrence of injury or the relapse or aggravation of a previous injury, even if such combination does not qualify the injured person for a monthly benefit, provided that the combination increases the lump-sum compensation payable to the injured person for the total disability percentage he sustains. In such case, the compensation amounts already paid for the previous disability percentages shall be deducted from the lump-sum compensation to which the contributor is entitled for the total disability percentage.