Jugement Kantonsgericht (VD - 2020/253)

Canton:	VD
Case number:	2020/253

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/253 vom 11.05.2020 (VD)

Date:	11.05.2020
Force of law:	-

Summary:	The plaintiff, a 50-year-old mother of two children, has been repeatedly entitled to unemployment benefits since 2015. The compensation fund rejected the claim for supplementary benefits because the applicant was able to pursue gainful employment. The plaintiff filed a lawsuit against this, arguing that she was unable to find a full-time job due to her mental illness. The Federal Court approved the plaintiff's claim and ordered the compensation fund to provide her with supplementary benefits. The compensation fund must pay the plaintiff supplementary benefits retroactively from January 1, 2016. More detailed summary: The applicant has been repeatedly entitled to unemployment benefits since 2015. The compensation fund rejected the claim for supplementary benefits because the applicant was able to pursue gainful employment. The plaintiff filed a lawsuit against this, arguing that she was unable to find a full-time job due to her mental illness. The Federal Court approved the plaintiff's claim. The court found that the applicant is able to pursue a part-time job due to her mental illness, but is unable to find a full-time job. The compensation fund must therefore pay the plaintiff supplementary benefits retroactively from January 1, 2016. Justification of the Federal Court: The Federal Court approved the plaintiff's claim, since the plaintiff is unable to find a full-time job due to her mental illness. The applicant has been through a severe depressive episode that has affected her ability to work. She has been working part-time as an assistant in a retirement home since 2016, but cannot work full-time. The Federal Court found that the plaintiff is unable to find a full-time job due to her mental illness. The applicant has been through a severe depressive episode that has affected her ability to work. She has been working part-time as an assistant in a retirement home since 2016, but cannot work full-time. The compensation fund must therefore pay the plaintiff supplementary benefits retroactively from January 1, 2016.
Rule of Law:	Art. 100 LTF;Art. 16 LP;Art. 17 LP;Art. 43 LP;Art. 44 LP;Art. 56 LP;Art. 6 LP;Art. 60 LP;Art. 7 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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