Temporary Disability: Limits the principle of officialdom and the game rules of prescription and retroactivity

Abstract

The principle of officialdom in the management of temporary disability, only operates when the access requirements are given protection and the relevant medical reports are processed. In another case, the mandatory cooperation of the beneficiary with the corresponding application is necessary. When the service occurs outside the law and an accident occurs, all parameters are altered.

The late request for a right unrecognized and prescribed enable the criterion of quarterly retroactivity, which applied in its legal literalness leads to absurd results.

To avoid unwanted result, we turn to ferenda lege finding solutions by applying the principle of full-fledged high, linked ope legis to a singular principle of officialdom.