Facts
The case concerns the question of how to assess the disability of a married insured person. The complainant was classified by the compensation fund as fully employed, which leads to a different method of disability assessment than if she had been classified as partially or not employed.
The Federal Court had to decide whether the complainant should be classified as fully employed, partially employed, or not employed. This depends on what activity she would have pursued if she had not become disabled. The personal, family, social, and employment circumstances must be taken into account.
Furthermore, in the case of married insured persons, the division of marital duties and roles within the marital community must be considered. The new marriage law no longer provides for a legally determined division of tasks, but leaves it to the spouses to agree on this.
Considerations
The Federal Court states that a change in the previous division of tasks desired by one spouse must generally be accepted by the other if it does not cause the latter an unreasonable disadvantage. In the case of objective changes in circumstances, such as the loss of childcare and supervision tasks, a change in the division of tasks towards part-time or full-time employment is…