Treaty Series Recueil des Traites - United Nations Treaty Collection

96 United Nations - Treaty Series 1969
Chapter 2
ACCIDENT INSURANCE
Article 20
(1) Where, for the purpose of assessing the degree of disability resulting
from an industrial accident (or occupational disease), the legislation of one
of the Contracting States provides that previous industrial accidents (or
occupational diseases) as defined in that legislation shall be taken into
account, industrial accidents sustained (or occupational diseases contracted)
at an earlier date which are covered by the legislation of the other Contracting
State shall also be taken into account as if they were covered by the legislation
of the first-mentioned Contracting State. Contingencies which are
recognized as accidents or as giving entitlement to compensation under
other provisions of public law shall be treated in the same way as the accidents
(or diseases) in question.
(2) The competent insurance authority liable for payment of compensation
in respect of the later insurance contingency shall determine its benefit
on the basis of the degree of disability resulting from the industrial accident
(or occupational disease) which it is required to take into account under its
own national legislation.
Article 21
(1) When considering a claim for benefits on grounds of an occupational
disease, the insurance authority of one of the Contracting States shall also
take into account the occupations in which the person concerned has been
employed in the territory of the other Contracting State and to which the
disease may be attributed. Where there is entitlement to benefits under the
legislation of both Contracting States, the benefits in kind and the cash
benefits, with the exception of the annuity, shall be granted only in accordance
with the legislation of the Contracting State in whose territory the
person concerned is normally resident. Each insurance authority shall grant
only that part of the annuity which corresponds to the ratio of the period
of employment in the territory of its own State to the total period spent in
occupations of the kind which qualify under the first sentence of this article;
this shall also apply when the annuity is revised on the ground of a worsening
of the occupational disease.
(2) Paragraph (1) above shall also apply to the granting of the survivors'
annuity and the survivors' allowance.
No. 10090