Accident insurance: denial of invalidity pension upheld

ATA/290/1997Court of Justice / Administrative ChamberMay 6, 1997Dismissed

Extracted by Omnilex

Omnilex summary

The tribunal confirmed the refusal of an invalidity pension in accident insurance. Although the claimant suffered a knee injury, the court found that he remained capable of working at full capacity. As a result, the pension claim was rejected.

Omnilex headnote

Art. 18 LAA; entitlement to an invalidity pension requires a loss of earning capacity of the legally relevant degree. Where the medical and occupational assessment shows that the insured person can still perform full-time work despite the residual impairment, the conditions for a pension are not met and the refusal must be upheld.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; RENTE D'INVALIDITE; LESION DU GENOU

Normes

LAA.18

Résumé

Refus d'une rente invalidité confirmé par le TA au motif que le recourant peut malgré son atteinte au genou travailler à plein rendement.

Keywords

social insuranceaccident insuranceinvalidity pensionknee injurywork capacity

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insured person is entitled to an invalidity pension under accident insurance after a knee injury

Extracted holding

No entitlement was shown because the claimant remained capable of working at full capacity despite the knee impairment.

Extracted reasoning

The court accepted that the knee injury did not reduce the claimant's work capacity to a level justifying an invalidity pension.

Accident insurance: denial of invalidity pension upheldAI generated