No accident pension compensation with a short expected life

SG Dortmund denies the right to capitalize the pension
(Jur). If employees receive an accident pension, the employers' liability insurance association can refuse a desired capitalization of the pension because of a short expected life span. This was decided by the Social Court Dortmund in a ruling announced on Tuesday, March 15, 2016 (Ref .: S 17 U 487/14).

A miner from Lünen, who suffers from a quartz dust disease because of his work, had been sued. Because of the associated reduction in earning capacity by 20 percent, he receives an accident pension.

Image: vege - fotolia

His application to capitalize the pension payment and to pay him a one-time severance pay, rejected the professional association. Because the period used for the severance payment does not correspond to the life expectancy of the miner, said the accident insurance.

The plaintiff on the other hand said that he was in good shape according to his age. His heart disease is treated regularly.

However, the man had bad luck in the social court. The accident insurance institution should take into account medical considerations and the short expected lifespan when deciding on the payment of an accident pension. The applicant has a reduced life expectancy, as he is provided with seven stents in the heart area and has a "pronounced cardiovascular risk profile". This justifies the rejection of pension capitalization, according to the judgment of 3 February 2016. (fle)