The validity of refusal of partial sick benefits

Justices: Webster, Noer, Ringnes, Bergh, Sæther

A woman who was employed in two part-time positions was on partial sick leave from one of the positions. Total working hours were reduced by 20 per cent. Due to different pay levels in the two positions, the loss of income was reduced by about 18 percent. Pursuant to section 8-13 subsection 1 of the National Insurance Act, it is a condition for receiving partial sick pay that the ability to carry out income-generating work is reduced by at least 20 percent. In contrast to the National Insurance Appeals Tribunal and the Court of Appeal, the Supreme Court concluded that it was the reduction in work capacity and not the reduction in income that was decisive in assessing whether the condition for reduction by at least 20 per cent had been met. This was followed by a natural interpretation of the wording and of the systematics in section 8-13. The preparatory works did not provide a basis for setting aside this interpretation. The same applied to NAV's circulars and case law from the National Insurance Appeals Tribunal. The National Insurance Appeals Tribunal's order was declared invalid.

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