Facts
M., born in 1959, had been employed as a construction worker at the construction company X. AG since 1988 and was insured against the consequences of accidents with the SUVA. After two accidents in 2000 and 2004, he was 100% incapacitated for work in his usual occupation. The IV-Stelle (Disability Insurance Office) awarded him a disability pension of 12% from November 2002 onwards. In September 2005, M. applied for disability insurance benefits and requested the initiation of integration measures in December 2007.
The IV-Stelle and the cantonal court rejected the claim for integration measures, as M. was 100% capable of working in an adapted replacement occupation and therefore had a direct entitlement to job placement assistance, without prior integration measures.
Considerations
The Federal Supreme Court confirms the rejection decision of the cantonal court. It states that the entitlement to integration measures to prepare for professional reintegration pursuant to Art. 14a para. 1 IVG in conjunction with Art. 6 ATSG requires not only at least 50% incapacity for work in the previous occupation or area of activity, but also in another occupation or area of activity.
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