Four-month transition period after work capacity is recognized

ATA/489/1996Court of Justice / Administrative ChamberSep 3, 1996Granted

Extracted by Omnilex

Omnilex summary

The court held that an insured person who is medically recognized as capable of work, even only partially and only in suitable employment, must be given a four-month period from that recognition date to find new work. During that transition period, the insured remains entitled to full loss-of-earnings indemnities. The decision thus confirms that the benefit reduction or cessation cannot take effect before the expiry of that period.

Omnilex headnote

LAMA XX; loss-of-earnings indemnity and transition period after restoration of work capacity: an insured person who is medically found capable of working, even only partially and only in suitable employment, is entitled to a four-month period to seek new employment as from the date of that finding; full daily benefits remain payable during this period. The decisive criterion is the medical recognition of work capacity, not the actual finding of a new hypothetical activity (consid. not stated).

Full text

Descripteurs

ASSURANCE SOCIALE; AM; INDEMNITE(EN GENERAL); PERTE DE GAIN; ACTIVITE HYPOTHETIQUE; DELAI; ASSU

Normes

LAMA XX

Résumé

L'assuré qui est reconnu capable de travailler, même seulement partiellement dans un travail adéquat doit pouvoir disposer d'un délai de 4 mois pour chercher un nouveau travail dès le jour où le médecin l'a reconnu capable de travailler. Il bénéficie durant ce délai des indemnités entières de perte de gain.

Keywords

social insuranceloss of earningswork capacitytransition periodnew employmentbenefits

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether an insured person found capable of work in suitable employment is entitled to a four-month period to seek new employment before loss-of-earnings benefits are reduced or stopped.

Extracted holding

Yes. Once medical work capacity is recognized, the insured person must be allowed a four-month period to look for new work, starting on the day of that medical recognition, and receives full loss-of-earnings indemnities during that period.

Extracted reasoning

The court treated the transition period as beginning with the medical finding of work capacity, even if the insured can work only partially and only in suitable employment. During that period, full benefits remain payable.

Four-month transition period after work capacity is recognizedAI generated