ATA/491/1996•Confirmation of 10% disability pension and 10% impairment indemnity
ATA/491/1996Tribunal de Justiça / Câmara Administrativa3 de set. de 1996Confirmed
Extraído pela Omnilex
In an accident-insurance dispute, the appellate court confirmed the insured person’s entitlement only to a 10% disability pension and a 10% impairment indemnity. The challenge to the assessment of the degree of incapacity and impairment failed, so the prior decision was upheld.
LAA 6; accident insurance; disability pension and impairment indemnity: the court confirms the benefits fixed at 10% where the factual and medical assessment does not justify a higher degree of incapacity or impairment. Absent demonstrated error in the lower authority’s evaluation, the challenged assessment is upheld.
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; RENTE D'INVALIDITE; ASSU
Normes
LAA.6
Résumé
Rente de 10 % et IPAI de 10 % confirmées.
Extraído pela Omnilex
Whether the insured person is entitled to a higher disability pension than 10%
The 10% disability pension was confirmed.
The available information indicates that the court found no basis to increase the assessed degree of disability.
Whether the insured person is entitled to a higher impairment indemnity than 10%
The 10% impairment indemnity was confirmed.
The court upheld the medical and legal assessment underlying the impairment rate.
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