Jugement Kantonsgericht (VD - 2020/132)

Canton:	VD
Case number:	2020/132

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/132 vom 06.04.2020 (VD)

Date:	06.04.2020
Force of law:	-

Summary:	A bricklayer and self-employed woodworker suffered an accident at work on 16 February 2005. He was 100% incapacitated until September 11, 2005, and then 75% incapacitated until May 31, 2006. The Compensation Fund reduced his pension by 25% from June 1, 2006. The Federal Court overturned the reduction, as it was not justified. The insured person is entitled to a pension of 75% until May 31, 2006. More detailed summary: A. A. suffered an accident at work on February 16, 2005, in which he broke his leg. He was 100% incapacitated until September 11, 2005, and then 75% incapacitated until May 31, 2006. The Compensation Fund reduced his pension by 25% from June 1, 2006, as it considered that from that moment the insured was able to work again by 75%. The insured complained against the reduction and raised the objection that he was not able to carry out 75% of his previous activity due to his physical limitations. The federal court gave the insured the right and canceled the reduction. The court found that the insured was unable to carry out his previous activity as a bricklayer and self-employed timber builder due to his injuries. Although he could do light work, he was not able to take on heavy physical activities. The Federal Court concluded that the insured person was 75% unable to work even after May 31, 2006. Therefore, the reduction of the pension was not justified. The insured person is therefore entitled to a pension of 75% until May 31, 2006.
Rule of Law:	Art. 100 LTF;Art. 17 LP;Art. 56 LP;Art. 57 LP;Art. 6 LP;Art. 60 LP;Art. 7 LP;Art. 8 LP;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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