Can disability appraisal and follow-up treatment fee be applied for appraisal at the same time?

In the lawsuit, the right holder of personal injury compensation did not complete the treatment, and at the same time applied to the court for disability grade appraisal and follow-up treatment fee. Whether it can be supported by the court, the practices of local courts are different. However, considering the legislative intent, spirit and convenience, the follow-up treatment fee and disability grade should be allowed to apply for identification at the same time. Case summary Wang, a migrant worker, accidentally fell from a height when he was hired to install billboards, causing head trauma. He was diagnosed with subarachnoid hemorrhage, left occipital skull fracture and hospitalized for craniotomy. Due to special family difficulties and lack of money for treatment, Wang's right parietal bone has a local defect, so far no skull repair surgery has been carried out. After that, he had many seizures. After the prosecution, Wang applied to the court for disability grade appraisal, follow-up treatment fee, nursing frequency and duration. After cross-examination in court, the plaintiff and the three defendants had no objection to the three appraisal items applied for. Later, the judge asked to change the appraisal items on the grounds that the judicial and technical department of the court did not allow disability appraisal and follow-up treatment fees to apply for appraisal at the same time, so they could only choose one. After repeated unsuccessful communication, after weighing the pros and cons, Wang finally had no choice but to apply only for disability grade appraisal. Viewpoint 1: Premature appraisal will increase the level of disability and damage the interests of the compensation obligor. You can only apply for disability appraisal after treatment. Since the application for disability appraisal shows that the treatment has ended, you can't apply for the follow-up treatment fee. You can't apply for both at the same time, you can only choose one. After continuous treatment and even rehabilitation training, the injury will change, some disabilities will get a certain degree or even complete recovery, and the degree of disability is uncertain. The level of disability can only be identified after treatment. In addition, unnecessary treatment should be terminated in time to prevent individual victims from making malicious claims for cases involving follow-up treatment costs for diseases that have been medically confirmed incurable or incurable. Moreover, the treatment was not finished when the disability grade was assessed, and after receiving the disability compensation, the treatment before the disability assessment should be continued. This practice runs counter to the original intention of legal compensation for disability and should not be supported. Controversy point 2: it is not necessary to completely end all treatments for disability appraisal, and the follow-up treatment fee does not conflict with disability grade appraisal, so you can apply for appraisal at the same time. Disability compensation and follow-up treatment fees are compensation items stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, which are not listed as optional items and cannot be abandoned. At the same time, the two propositions are not contradictory, which is also in line with the legislative spirit and the current purpose of justice for the people, and can also reduce the litigation burden of the parties. Of course, if either party thinks that the disability level of the victim has changed after the follow-up treatment, it can be resolved through another lawsuit. Lawyer's point of view I agree with the second point of view. Follow-up treatment costs and disability grade identification can be identified at the same time. In practice, because laws and regulations do not clearly stipulate the application for disability grade and follow-up treatment fee, courts all over the country accept disability appraisal applications according to different situations. Now, taking Zhengzhou, the capital of Henan Province as an example, most courts, such as Guancheng District Court and Erqi District Court, can accept the above two applications at the same time, but Jinshui District Court and Shangjie District Court only agree to apply for one of the disability grade and follow-up treatment fee. The author even met a dean and told him specifically that as long as he applied for disability appraisal, the plaintiff would have nothing to do with the defendant in the future. However, as a lawyer, I specifically asked the personnel of the appraisal institution during the actual appraisal, and I got the answer that both of them can apply for appraisal at the same time.