Questione giuridica chiave
Whether the heirs were entitled to an integrité compensation for the insured's occupational disease
Decisione estratta
No. The required permanence of a therapeutically no longer influencable, stationary condition was not established, and in any event the period between the start of palliative treatment and death was shorter than one year.
Motivazione estratta
The court held that for occupational diseases causing a significant reduction in life expectancy, permanent impairment requires at least a one-year palliative phase. Here, treatment remained curative until shortly before death, or at most palliative only from the suspected recurrence in October 2002, which is less than twelve months before death.