SUMMARIES OF SELECTED CASES
some years after her injury, she had gone off sick and work-testing had been
initiated as a result of an aggravation of the consequences of her injury.
It followed from section 31(4) of the Act on Protection against the Consequences of Industrial Injuries that a temporary decision on loss of earning
capacity could be made if the occupational situation of the injured person had
not been clarified. This could be the case if, for instance, the injured person was
undergoing vocational retraining or work-testing as a result of the consequences
of the injury.
Despite the fact that at the end of 2007, the National Board of Industrial Injuries had decided itself to reconsider the question of loss of earning capacity, and
despite the fact that the woman provided the Board with regular updates on her
occupational situation, the case was at a virtual standstill until June 2010, when
the Board made a decision that the woman had not suffered a permanent loss of
earning capacity. At the time of the decision, the woman was again employed
as a legal secretary.
In the Ombudsman’s opinion, the National Board of Industrial Injuries should
have considered – at least at the time when it became aware that work-testing
had been initiated – whether there was a basis for making a temporary decision on compensation for loss of earning capacity. The Ombudsman found it
regrettable that this did not happen. Furthermore, the Ombudsman was of the
opinion that it was unfortunate that the National Social Appeals Board had not
addressed the issue.
The Ombudsman therefore recommended that the National Social Appeals
Board reopen the case for the purpose of establishing whether the woman was
entitled to such a compensation.
2013-4. Repayment of social security benefits
A municipality received an anonymous tip-off that a woman who received various social security benefits as ‘effectively single’ lived in a marriage-like relationship. As a result of the tip-off, the municipality investigated the woman’s
situation. In this connection, the municipality got the woman’s consent to
obtain a substantial number of bank statements from her bank in order to investigate her financial circumstances further. This resulted in the bank charging
the woman a fee of DKK 500.
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