Commentary on the ruling of the Cassation Court, Labor Section, Order No. 13006/2024: Rounding and compensability of biological damage
The recent ruling of the Supreme Court of Cassation, issued on May 13, 2024, marks an important step forward in defining the criteria for compensability of biological damage resulting from workplace accidents. In particular, the Court ruled on the appeal of I.N.A.I.L. against the decision of the Court of Appeal of Catanzaro, which had recognized a degree of impairment of 6% in favor of A.A. Although the initial expert evaluation was equal to 5.89%, the expert had rounded the figure to 6%, an operation that the Court deemed erroneous.
The specific case and legal principles
The Court of Appeal had upheld the decision of the Court of Castrovillari, but the Supreme Court accepted the appeal of I.N.A.I.L., arguing that, according to Article 13, paragraph 2, of Legislative Decree No. 38/00, only damages equal to or greater than 6% are compensable. Jurisprudence, particularly Cass. No. 15245/14, has already clarified that it is not possible to round fractions of a point. Therefore, a disability lower than the established minimum does not entitle one to compensation, and rounding could lead to compensations not justified by law.
The Court reiterated that rounding of disability fractions is not provided for by current regulations, excluding the possibility of benefits in the absence of legal requirements.
Implications for workers and companies
This ruling has important implications for workers and companies, as it clarifies that fractions of disability cannot be considered for compensation. Below are some key points:
- A biological damage lower than 6% is not compensable.
- Rounding in favor of the worker is excluded by the regulations.
- Companies must pay greater attention to damage assessment to avoid litigation.
Conclusions
The decision of the Cassation Court represents an important clarification in the regulations regarding compensation for workplace accidents. The exclusion of rounding of disability fractions to the higher degree reiterates the importance of accurate damage assessment and their compensability. It is essential that both workers and employers understand these principles to avoid potential legal disputes and ensure compliance with current regulations.
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