Question juridique clé
Whether the insured was entitled to full unemployment compensation from 18 March 2008 during the pending disability assessment.
Solution extraite
A not obviously unemployable disabled claimant who is willing to work within the medically attested residual capacity is entitled to full unemployment compensation during the waiting period; the unemployment insurance must provide prepayment.
Motifs extraits
Art. 15 Abs. 2 AVIG and Art. 15 Abs. 3 AVIV create a presumption of employability for newly disabled persons until the other insurer decides. Reducing benefits according to a partial 'degree of employability' would defeat the coordination and prepayment mechanism of Art. 70 ATSG and lead to unequal treatment.