Moved Permanently

The document has moved here.

Competitions of the loans to extinguish social benefits
The capacity studies that has the loans of industrial accidents to annul an economic benefit of the Social Security, when the commission of a fraud by the person is discovered enjoys who it and therefore is sanctioned it with its loss. The case talks about an independent worker to whom the right to the benefit by temporary incapacity on the part of the loan is annulled and extinguished, since while it was of loss, it remained, it directed and it was to the front of the business that ran. Before this decision, the professional demanded in the courts the payment of the benefit, receiving different uprisings. Initially its pretension was rejected, but later the reason, when understanding that occurred him he is not the same to manage that to sanction, action this last one that is not incumbent on to the loan. This one went to the Supreme Court, who ratified the sentence of the Court Superior of Justice, with the argument of which these organizations only have the capacity to manage the benefits, but not of annulling them or suspending them. The capacity of management of the loans reaches, first of all, to all the assumptions that correspond to the ordinary dynamics of the benefits, that is determined by legal facts the objectives, like the course of the time or the death, and by allowed legal transactions of the beneficiary, like the access to the retirement pension; supposed to that there is to add the unwarranted incomparecencia to a medical examination, that legally is formed like automatic cause of extinction of the benefit. This form, the loan of all possibility lacks of extinguishing or of suspending this benefit, in the concrete one supposed of labor independently or other people's activity realized by the beneficiary. Either competition does not extend of mutual to decide cause of extinction when it tolerates to clinically value the situation (high medical), that at present is attributed to the facultative ones of the Public Service of Health, to not to have had prescribed development the forecast to also attribute it to the loans. However, the Supreme Court indicated that he himself is conscious of the dysfunction that implies a management limited on the part of that it has attributed to its payment and control, in terms that even harm their success, because with the effective regulation it has even been maintained that the mutual good could consider a simple manager formal of the contingency. And that, also, the extension of faculties given to the loans is consequence of the fight against the fraud. Jose Maria Carpena/Sagardoy Lawyers. (The extracted News of Expansion)
 
[Back]
Home Sitemap Contact us

Friendly site that we think is very safe:

Used auto - reviews , Mini reviews , used vans , Xenon Kiteboards , Kiteboards , reviews.superior-car.co.uk