Remand to insurer for further invalidity assessment

ATA/375/1998Court of Justice / Administrative ChamberJun 16, 1998Remanded

Extracted by Omnilex

Omnilex summary

In an accident-related disability insurance dispute, the court held that the record did not permit a final determination of invalidity and pension entitlement. It therefore remanded the file to the insurer so that it could conduct the investigation required by the relevant Federal Court case law cited in the decision.

Omnilex headnote

LAMal; invalidity assessment and disability pension entitlement after an accident; where the evidentiary record is insufficient for a final decision, the matter must be remanded to the insurer for further factual inquiry and reassessment in accordance with the applicable case law (consid. unspecified).

Full text

Descripteurs

ACCIDENT; AA; EVALUATION DE L'INVALIDITE; RENTE D'INVALIDITE; ASSURANCE SOCIALE; ASSU

Normes

LAMAL.1

Résumé

Renvoi du dossier à l'assureur pour qu'il instruise conformément à l'ATF V. du 25.09.1997.

Keywords

accidentinvalidity assessmentdisability pensionsocial insuranceremandfurther investigation

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insurer had to further investigate the case before deciding on the disability pension entitlement.

Extracted holding

The file had to be sent back to the insurer so that it could conduct further investigation in line with the cited Federal Court case law.

Extracted reasoning

The available record was insufficient for a final determination of disability and pension entitlement.

Remand to insurer for further invalidity assessmentAI generated