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A Journal on Forensic Medicine
Minerva Medicolegale 2000 September;120(3): 133-42
Biological damage in compulsory professional accident and health insurance: innovations introduced by the ministerial decree of 25 July 2000 and medicolegal problems
Iorio M., Maggiore E.
After the analytic presentation of the Ministerial Decree of July 25 2000 and the INAIL Circular letter dated 4 August 2000, the authors give a detailed analysis of the procedures for the new evaluation of permanent consequences of accidents at work or professional illness respectively occuring or claimed after 25 July 2000. The existence of biological damage as the basis for civil indemnity and other biological damage as the basis for social insurance indennity does not appear to lead to peaceful coexistence or point to a fusion of the methods used to evaluate damage. Faced with a European and non-European tread to quantify disabling damage according to percentage bands or classes, the recent decree has reproposed the system of tabular items with a more or less fixed numerical equivalent. The authors give a series of example that highlight the inconsistencies and inadequacies of evaluating damage to organs or apparatus.