This article concerns itself with the new view of the assessment of the state of health, the extent of the reduction of the work capacity and the invalidity of oncological patients which is included in Regulation 359/2009 Coll., which sets out the percentile extent of the reduction in work capacity and the prerequisites of the invalidity assessment and regulates the assessment of the work capacity for the purposes of invalidity upon the basis of the results of cooperation between the Ministry of Labour and Social Affairs and the J. E. Purkyně Czech Medical Society. Assessment of the extent of the reduction of the work capacity implied from Annex no. 2 of Regulation 284/1995 Coll. till the end of 2009 through which Pension Insurance Act has been carried out as amended. Annex no. 2 did not contain chapter of cancerous growths. Cancerous growths were not listed according to organ localization and that made difficulties in the process of assessment. Reaching stabilization of the state of health was mostly defined by period of two years after the treatment had been terminated which seems to be too long period according to the most modern treatment progress. Authors compare invalidity assessment of oncological patients according to Regulation 284/1995 Coll. and according to Regulation 359/2009 Coll. To show the difference they present assessment of ongological patients according to the old and to the new legal regulation. New conception of the state of health and work capacity of oncological patients assessment should contribute not only to creation of an independent chapter Cancerous growths in the new regulation, but moreover it should bring criterions for functional damage assessment of oncological patients based on the International Classification of Functional Abilities WHO. In conclusion the authors emphasize that the new way of assessment according to modern legal regulation will enable to assess useful profile of functional abilities of an individual, his/her health incapacity and to compensate reduction of work capacity in a targeted way.

The Medical Assessment Service Department at the Ministry of Labour and Social Affairs Prague Czech Republic

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