Dokumentart(en): Zeitschriftenbeitrag
Titel der Veröffentlichung: Problemstellungen bei der Bewertung der Minderung der Erwerbsfähigkeit bei Berufskrankheiten nach Wegfall des Unterlassungszwangs

Problems in the evaluation of reduction in earning capacity in cases of occupational diseases after abolition of the required cessation of occupation

Medical and legal aspects

The assessment of the reduction in earning capacity (MdE) is one of the tasks that need to be performed by a medical expert witness when assessing occupational diseases. In doing so, equal treatment of the insured is essential. For some occupational diseases (inc. numbers 4301, 4302, 5101 of Annex 1 of the Occupational Disease Ordinance (BKV), the legal framework conditions of Book VII of the Social Code (SGB VII) changed with the abolition in 2021 of the requirement for cessation of the occupation.

As a consequence, not only the necessary requirements for the recognition of an occupational disease, but also the long-standing empirical records for assessment of MdE need to be reviewed. No expert opinions in this regard that have been finally agreed by expert committees and confirmed by case law are yet available, although various proposals have been published.

The resulting problematic issues with regard to the MdE assessment from the changed legal situation are discussed using the example of the assessment of a job-related skin disease without a permanent cessation of the occpuation, but with a temporary discontinuation of the occupation skin burden during the coronavirus pandemic. Besides the medical aspects, the legal questions and a societal perspective are particularly important.