Questione giuridica chiave
Whether the claimant was entitled to full unemployment benefits under the prepayment rules while disability-insurance entitlement was still pending.
Decisione estratta
Yes. Because he was not obviously unemployable and would have sought full-time work if healthy, the unemployment insurance had to pay full benefits pending the disability decision.
Motivazione estratta
For disabled claimants awaiting another insurer's decision, Art. 15(2) AVIG and Art. 15(3) AVIV avoid gaps in income. The relevant test is whether the person is not obviously unemployable and is willing to work to the extent of the medically attested capacity. The claimant's subjective limitation to 50% could not reduce the prepayment entitlement once he was medically limited to 50% and would otherwise seek full-time work.