Jugement Kantonsgericht (VD - Jug/2020/55)

Canton:	VD
Case number:	Jug/2020/55

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid Jug/2020/55 vom 02.04.2020 (VD)

Date:	02.04.2020
Force of law:	-

Summary:	An employee suffered a severe traumatic brain injury in a traffic accident. She applied for a pension from the Disability Insurance (IV). The IV rejected the application because the employee was still able to work. The employee filed a complaint with the Federal Insurance Court (ECG). The ECG accepted the complaint and awarded the employee a pension. More detailed summary: The employee, A.V.________, was seriously injured in a traffic accident on October 22, 2010. She suffered a traumatic brain injury, a rib fracture and a lung injury. As a result of the accident, she has been unable to work since then and has a degree of disability of 70%. The employee applied to the IV for a pension. The IV rejected the application, as she considered that the employee was still fit for work. She pointed out that the employee had found a new job where she could work up to four hours a day. The employee filed a complaint with the EVG. The ECG accepted the complaint and awarded the employee a pension. The court concluded that the employee was unable to work full-time due to her disability. Due to her health restrictions, she is only able to work part-time for a maximum of two hours per day. The EVG's ruling is an important step for the employee. It clarifies that the IV must also grant a pension to employees with a disability if they are unable to work full-time due to their health restrictions.
Rule of Law:	Art. 1 PA;Art. 100 LTF;Art. 100 PA;Art. 101 PA;Art. 102 PA;Art. 53 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.

Click here to return to the page search engine.