A person who is dissatisfied with the results of an administrative review or arbitration under the provisions of the preceding Article may petition for an administrative review or arbitration by an industrial accident compensation insurance examiner.
前条の規定による審査及び仲裁の結果に不服のある者は、労働者災害補償保険審査官の審査又は仲裁を申し立てることができる。
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis when a person has filed a petition for an administrative review or arbitration pursuant to the provisions of the preceding paragraph.
industrial accident compensation insurance examiner
労働者災害補償保険審査官
One of the two kinds of labor insurance examiner (労働保険審査官) (Act on Labor Insurance Examiners and the Labor Insurance Appeal Committee, Article 1): placed in each prefectural labor bureau (都道府県労働局) and appointed by the Minister of Health, Labour and Welfare (厚生労働大臣), the examiner hears requests for review (審査請求) under Article 38, paragraph (1) of the Industrial Accident Compensation Insurance Act, and must deal with them fairly and promptly (Articles 2, 2-2, 3 and 4). A request must be made within three months from the day after the person learned of the decision, unless they show a good reason why they could not (Article 8, paragraph (1)). A person dissatisfied with a decision on insurance benefits may ask the examiner for review, and a person dissatisfied with the examiner's decision may ask the Labor Insurance Appeal Committee (労働保険審査会) to re-examine it (Industrial Accident Compensation Insurance Act, Article 38, paragraph (1)). Where the examiner has made no decision three months after the request, the person who made it may treat the request as dismissed (Article 38, paragraph (2)). A court action to revoke the decision cannot be brought until the examiner has decided the request (Article 40). Under the Labor Standards Act, a person dissatisfied with the result of the review or arbitration that the administrative authority (行政官庁) carries out on a dispute over accident compensation (災害補償) — who is injured or ill in the course of work, the treatment, the amount — may ask the examiner for review or arbitration (Labor Standards Act, Articles 85, paragraph (1), and 86, paragraph (1)).
Written by AI using Act on Labor Insurance Examiners and the Labor Insurance Appeal Committee, Arts. 1, 2, 2-2, 3, 4, 8, Industrial Accident Compensation Insurance Act, Arts. 38, 40 and Labor Standards Act, Arts. 85, 86 as a reference.