Facts
The complainant, [N.] , born 1974, worked as an auxiliary worker in a company that, among other things, carried out plastering work and exterior insulation from 2001. Due to back problems, she switched to general office work in 2004. The family doctor attested to a 100 % disability to work. The InvIA office of the canton of Zurich denied the claim for a disability pension. The Social Insurance Court of the canton of Zurich dismissed the complaint and referred the files to the InvIA office to examine the claim for vocational measures.
The complainant lodged a complaint and requested the reversal of the decision and the award of a disability pension. The InvIA office requested the dismissal of the complaint.
Considerations
The Federal Court reversed the decision of the Social Insurance Court and the ruling of the InvIA office because the legally relevant facts were not fully clarified. The lower court had estimated the complainant's ability to work at 100 % in her last occupation as an auxiliary plasterer, however, taking into account weight limits. This assessment was not conclusive, as the report on the work assessment with basic test did not contain an evaluation of the tolerable time scope of another activity.
The Federal Court found that the lower court had violated the principle of investigation by not…