Confirmation of 10% disability pension and 10% impairment indemnity

ATA/491/1996Court of Justice / Administrative ChamberSep 3, 1996Confirmed

Extracted by Omnilex

Omnilex summary

In an accident-insurance dispute, the appellate court confirmed the insured person’s entitlement only to a 10% disability pension and a 10% impairment indemnity. The challenge to the assessment of the degree of incapacity and impairment failed, so the prior decision was upheld.

Omnilex headnote

LAA 6; accident insurance; disability pension and impairment indemnity: the court confirms the benefits fixed at 10% where the factual and medical assessment does not justify a higher degree of incapacity or impairment. Absent demonstrated error in the lower authority’s evaluation, the challenged assessment is upheld.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; RENTE D'INVALIDITE; ASSU

Normes

LAA.6

Résumé

Rente de 10 % et IPAI de 10 % confirmées.

Keywords

social insuranceaccident insurancedisability pensionimpairment indemnitybenefit assessmentmedical evaluation

Extracted by Omnilex

Key legal question

Whether the insured person is entitled to a higher disability pension than 10%

Extracted holding

The 10% disability pension was confirmed.

Extracted reasoning

The available information indicates that the court found no basis to increase the assessed degree of disability.

Key legal question

Whether the insured person is entitled to a higher impairment indemnity than 10%

Extracted holding

The 10% impairment indemnity was confirmed.

Extracted reasoning

The court upheld the medical and legal assessment underlying the impairment rate.

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