Question juridique clé
Whether the insured was entitled to transition compensation under Art. 86 VUV after the NEV.
Solution extraite
The concept of substantial impairment in economic advancement under Art. 86 VUV is not equivalent to incapacity to work; if the insured made sufficient reasonable efforts and still cannot find suitable work, entitlement may exist.
Motifs extraits
Transition compensation aims to soften the economic disadvantage caused by exclusion from hazardous work. Losing a long-term job because of the NEV and failing, despite reasonable efforts, to obtain equivalent suitable work constitutes a substantial impairment.