Invalidity pension denied based on residual earning capacity

ATA/125/1997Court of Justice / Administrative ChamberFeb 18, 1997Confirmed

Extracted by Omnilex

Omnilex summary

The administrative court confirmed the challenged decision in an accident-insurance dispute concerning an invalidity pension. It held that the insured person remained able to work at 100% in an adapted activity with frequent changes of position and could earn about CHF 3,000 per month. On that basis, the court upheld the assessment and rejected the appellant’s challenge.

Omnilex headnote

Art. 6 LAA; invalidity pension and residual earning capacity: where the insured person remains capable of performing an adapted activity at 100% with frequent changes of position, the decisive criterion is the economically established earning capacity in that activity. If the evidence supports a monthly residual income of about CHF 3,000, the pension assessment may be upheld (consid. not stated).

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; RENTE D'INVALIDITE; INCAPACITE DE GAIN; ENQUETE ECONOMIQUE; ASSU

Normes

LAA.6

Résumé

Le TA a confirmé que le recourant qui peut travailler dans une activité avec changements de position fréquents, à 100 %, doit pouvoir réaliser un gain de 3000 frs/mois.

Keywords

social insuranceaccident insuranceinvalidity pensionloss of earningsresidual earning capacityeconomic assessment

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insured person retained sufficient earning capacity in an adapted activity to preclude or limit an invalidity pension.

Extracted holding

Yes. The court confirmed that the appellant can work full time in an activity allowing frequent position changes and can earn about CHF 3,000 per month.

Extracted reasoning

Based on the economic assessment, the court accepted that the adapted activity was medically and economically feasible at 100%, with a monthly earning capacity of CHF 3,000, which supported the challenged pension assessment.

Invalidity pension denied based on residual earning capacityAI generated