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A Journal on Forensic Medicine
Minerva Medicolegale 2001 June;121(2): 71-6
INAIL biologic damage. Assessment of indemnity payments with reference to working capacity. Novelties, limitation and medico-legal problems of decree law no. 202 of 19 April 2001
Maggiore E., Iorio M., Loverci C.
Following the analytical presentation of Decree Law no 202 of 19 April 2001 and the INAIL explanatory circular of 4 June 2001, the procedures fixed by law for evaluating repercussions on work performance of permanent after-effects of working accidents or vocational diseases which happened or were reported after 25 July 2000 are set out in detail. This regulation transcends correct medico-legal methodology in the evaluation of diminished working aptitude on the part of the accident victim or the technopathic, and seems destined to determine further disputes on the part of those who, victims of insignificant biological damage in percentage terms, nevertheless have great difficulty working, while it will lead to compensation which is not in keeping with the correct medico-legal evaluation for those who, althoug they have received a noteworthy psycho-physical injury, have not received an equivalent working dysfunction. The authors supply a series of examples pointing to be contradictions of the new law and propose a methodology for approaching the problem.