Commentary on Judgment Cass. Civ., Labor Section, Ord., no. 13006/2024: Rounding and Compensability of Biological Damage
The recent order of the Supreme Court of Cassation, issued on May 13, 2024, marks an important step forward in defining the criteria for compensating biological damage from workplace injuries. In particular, the Court ruled on the appeal filed by I.N.A.I.L. (National Institute for Insurance against Accidents at Work) against the judgment of the Court of Appeal of Catanzaro, which had recognized a disability rating of 6% in favor of A.A. Despite the initial expert assessment being 5.89%, the expert rounded the figure up to 6%, an operation that the Court deemed erroneous.
The Specific Case and Legal Principles
The Court of Appeal had confirmed the decision of the Court of Castrovillari, but the Supreme Court upheld I.N.A.I.L.'s appeal, arguing that, according to Article 13, paragraph 2, of Legislative Decree no. 38/00, only damages equal to or exceeding 6% are compensable. Case law, particularly Cass. no. 15245/14, has already clarified that fractions of a percentage point cannot be rounded up. Therefore, a disability below the established minimum does not entitle to compensation, and rounding could lead to compensation not justified by law.
The Court reiterated that rounding disability fractions is not provided for by current legislation, excluding the possibility of benefits in the absence of legal requirements.
Implications for Workers and Companies
This judgment has significant implications for workers and companies, as it clarifies that disability fractions cannot be considered for compensation. Below are some key points:
- Biological damage below 6% is not compensable.
- Rounding up in favor of the worker is excluded by the regulations.
- Companies must pay greater attention to damage assessment to avoid disputes.
Conclusions
The decision of the Court of Cassation represents an important clarification in the regulations concerning compensation for workplace injuries. The exclusion of rounding disability fractions up to the higher degree reiterates the importance of correct damage assessment and its compensability. It is crucial that both workers and employers understand these principles to avoid potential legal disputes and ensure compliance with current regulations.
