Four-month transition period after work capacity is recognized

ATA/489/1996Tribunal de Justiça / Câmara Administrativa3 de set. de 1996Granted

Extraído pela Omnilex

Resumo Omnilex

The court held that an insured person who is medically recognized as capable of work, even only partially and only in suitable employment, must be given a four-month period from that recognition date to find new work. During that transition period, the insured remains entitled to full loss-of-earnings indemnities. The decision thus confirms that the benefit reduction or cessation cannot take effect before the expiry of that period.

Sumário Omnilex

LAMA XX; loss-of-earnings indemnity and transition period after restoration of work capacity: an insured person who is medically found capable of working, even only partially and only in suitable employment, is entitled to a four-month period to seek new employment as from the date of that finding; full daily benefits remain payable during this period. The decisive criterion is the medical recognition of work capacity, not the actual finding of a new hypothetical activity (consid. not stated).

Texto completo

Descripteurs

ASSURANCE SOCIALE; AM; INDEMNITE(EN GENERAL); PERTE DE GAIN; ACTIVITE HYPOTHETIQUE; DELAI; ASSU

Normes

LAMA XX

Résumé

L'assuré qui est reconnu capable de travailler, même seulement partiellement dans un travail adéquat doit pouvoir disposer d'un délai de 4 mois pour chercher un nouveau travail dès le jour où le médecin l'a reconnu capable de travailler. Il bénéficie durant ce délai des indemnités entières de perte de gain.

Palavras-chave

social insuranceloss of earningswork capacitytransition periodnew employmentbenefits

Extraído pela Omnilex

Questões jurídicas principais extraídas pela Omnilex

Questão jurídica principal

Whether an insured person found capable of work in suitable employment is entitled to a four-month period to seek new employment before loss-of-earnings benefits are reduced or stopped.

Decisão extraída

Yes. Once medical work capacity is recognized, the insured person must be allowed a four-month period to look for new work, starting on the day of that medical recognition, and receives full loss-of-earnings indemnities during that period.

Fundamentação extraída

The court treated the transition period as beginning with the medical finding of work capacity, even if the insured can work only partially and only in suitable employment. During that period, full benefits remain payable.

Four-month transition period after work capacity is recognizedGerado por IA