projects

Increase of integrity impairment compensation based on judicial expertise

ATA/49/1997Court of Justice / Administrative ChamberJan 21, 1997Modified

Open source

Extracted by Omnilex

Omnilex summary

The dispute concerned the degree of impairment compensation under accident insurance. Relying on the judicial expert report, the court increased the IPAI rate to 65%.

Omnilex headnote

Art. 24 al. 1 LAA; determination of impairment compensation (IPAI) under accident insurance: where a judicial expertise provides a substantiated assessment of the lasting impairment of integrity, the court may depart from the previous evaluation and set the compensation at the rate established by the expert opinion.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; INDEMNITE POUR ATTEINTE A L'INTEGRITE; EXPERTISE; ASSU

Normes

LAA.24 al.1

Résumé

Taux de l'IPAI augmenté à 65 % selon les conclusions de l'expertise judiciaire.

Keywords

social insuranceaccident insuranceintegrity impairmentjudicial expertisecompensation increase

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

What is the correct degree of impairment compensation (IPAI) under accident insurance?

Extracted holding

The impairment degree is set at 65% in accordance with the judicial expert opinion.

Extracted reasoning

The court relied on the judicial expertise, which justified a higher assessment of the insured person's integrity impairment than previously accepted.

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.