A case regarding provisions on reimbursement of compensation for the loss of ability to work has been initiated
The First Panel of the Constitutional Court has initiated a case “On Compliance of Section 20 (9) (2) of the Law “On Compulsory Social Insurance in Respect of Accidents at Work and Occupational Diseases” with Article 1, Article 91, Article 105 and Article 109 of the Satversme (Constitution) of the Republic of Latvia”.
Article 1 of the Satversme provides that Latvia is an independent democratic republic. Article 91 of the Satversme guarantees equality of all human beings before the law and the courts, whilst Article 105 of the Satversme protects the right to own property, and Article 109 of the Satversme establishes that everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.
The contested norm provides that as soon as the insured person is granted an old age pension in the amount that is equal or higher that the amount of compensation, payment of the compensation (granted in the case of an occupational disease or an accident at work) shall be ceased.
The case has been initiated having regard to an application of several persons. It was indicated in the application that the contested norm provides for unequal conditions for them if compared to other pensioners and persons who receive compensation for the loss of ability to work and are not pensioners. It should be taken into account that pensioners that have occupational diseases or have had an accident at work shall be regarded as the weakest members of the society. If compared to other pensioners, their opportunities to join the labour market and gain extra income are restricted. Moreover, the applicants had the right to count on disbursement of the compensation established by the legislature in the event of an accident at work or an occupational disease.
The Saeima (Parliament) was asked to provide, before 5 May 2010, a reply on factual circumstances of the case and legal justification thereof. The term of preparation of the case is 5 August 2010.
Linked case: 2010-17-01