Key legal question
Whether the claimant’s relevant incapacity for work under Art. 23 BVG arose before coverage with PUBLICA began
Extracted holding
Yes. The court held that the decisive incapacity had already occurred before the start of insurance coverage, so PUBLICA owed no invalidity benefits.
Extracted reasoning
The claimant had significantly reduced her workload for health reasons before joining PUBLICA. Although there was no contemporaneous medical certificate, the mass of evidence—early MS onset, symptoms noted by the family doctor, and absence of other plausible reasons—supported the finding that the work incapacity had already manifested in the previous employment relationship.