Supreme Court dismissed appeal; supplementary pension continues if worker could earn income without accident disability.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against a lower court ruling that terminated his supplementary workmen's compensation pension upon retirement. The court found that while the pension generally continues after retirement, it may end if the worker could not have earned income without the accident-induced disability. The court ruled the lower court correctly applied this exception because the appellant failed to prove he could still work and earn a living despite his retirement status. Consequently, the obligation to pay the supplementary pension was upheld as legally sound.
Legislator headnote
AI generatedArt. 444 § 2 k.c.; Art. 907 § 2 k.c.: A supplementary pension for a workman injured in an accident may continue after retirement if the injured party proves they could have continued earning income without the disability, but the burden of proof rests on the injured party.