Reimbursement and temporary incapacity. Judgement of the Supreme Court of 31 March 2016, Mutua Universal

Abstract

The present judgement dismisses an action against a resolution of the Social Security which ordered the reimbursement of specific sums as a consecuence of the insufficient justification of the destination of the funds recieved by a Mutual Insurance Company for Occupational Accidents and Diseases. The judgement addresses two issues. The first one is about the amount of the cassation appeal. The Court states that it is constructed by the sum of different items, which are autonomous and independent, with their own subjective and objective causes. Secondly, the judgement notes that the burden of proof of the adequate destination of the items is carried out by the Mutual, as a manager of public funds, because it is legally obliged and it has a major facility of proof.