Supreme Court allows employer liability for occupational disease rent when total disability stems from both occupational and general causes.
Legislator summary
AI generatedThe Supreme Court remanded the case to the District Court to clarify the extent of the employer's liability for occupational disease damages. The plaintiff argued that his total disability resulted from an occupational hearing loss, while the defendant contended that a pre-existing condition caused his termination and total incapacity. The Court ruled that when total disability arises from overlapping occupational and general illnesses, the employer is only liable for the specific portion of lost earning capacity attributable to the occupational disease, requiring a precise factual separation of the two causes.
Legislator headnote
AI generatedArt. 444 § 2 KC; Art. 393 § 1 KPC: When total work incapacity results from both occupational disease and general illness, the employer bears liability only for the portion of lost earning capacity directly caused by the occupational disease, necessitating a precise factual distinction between the two conditions.