Federal Supreme Court, Decision 9C_768/2020 of 13 April 2021

6 May 2021 – In this decision, the Federal Supreme Court had to assess the claim of the appellant, who demanded retroactive daily sickness benefits from the respondent based on a degree of disability of at least 25 %. The lower court had held that it was clear from the medical reports that the appellant's state of health had deteriorated as a result of the spinal trauma suffered in mid-September 2015. The files up to the end of 2015 did not contain any indication of a neck or back problem worth mentioning from a medical point of view and certainly not of a resulting inability to work in an adapted activity. Against this background, it was incomprehensible that the RAD doctor had declared the resilience profile he had formulated in November 2017 as having been valid since May 2014. The Federal Supreme Court shared this view and ruled that the lower court did not violate federal law when it did not adopt the incapacity for work certified by the RAD doctor on 23 November 2017 retroactively from May 2014. Thus, the respondent was no longer liable for a possible incapacity to work in connection with the deterioration that occurred from September 2015 at the earliest. The appeal was accordingly dismissed.

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