The court docket will make clear whether or not the availability of the regulation that accidents on the best way to or from work usually are not acknowledged as prohibited occasions if the insured individual was intoxicated or underneath the affect of psychoactive substances doesn’t battle with the Structure. On this case, the individual can not count on to obtain insurance coverage advantages.
The case will likely be thought-regarding by written process.
The Supreme Administrative Court docket of Lithuania appealed to the Supreme Court docket of Lithuania, following suspending the pending case relating to the annulment of the selections of “Sodras”, which acknowledged the accident on the best way from work as a non-insurable occasion.
Based on the applicant, in line with the at the moment legitimate norm of the regulation, it is sufficient to state that the individual was intoxicated, and it isn’t essential to make clear whether or not this situation precipitated the accident.
Based on the Supreme Administrative Court docket of Lithuania, such authorized regulation doesn’t create alternatives for the court docket analyzing the case relating to recognition of the accident as a prohibited occasion to evaluate all related circumstances and to substantiate or deny that the individual’s situation precipitated this accident.
“On this approach, one of many grounds for not offering social assist, which stems from the Structure, is absolute – the standing of the individual,” declare the authors of the grievance.
Based on them, the present norm doesn’t enable the court docket to make an accurate choice, and due to this fact raises doubts regarding compliance with the Structure.
As well as, the Supreme Administrative Court docket of Lithuania identified that within the occasion that an accident happens at work, then it’s assessed whether or not the individual’s situation precipitated this accident, and when the accident happens on the best way to or from work, it’s now not assessed. Based on the applicant, this may increasingly violate the constitutional precept of equality of individuals.
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2024-06-01 10:55:12