Häussler S
Rehabilitation (Stuttg). 1984 Aug;23(3):110-4.
The concept of incapacity for work has been defined by a number of court decision. These have, also, considerably widened the originally narrow concept of disease as the cause of incapacity for work, to cover for example hospital diagnostic procedures, elimination of a congenital defect in view of health improvement or prevention of adverse psychic sequelae, addiction, mental disorders, and so on. In cases of step-wise return to working, the incapable-to-work status continues to apply, as in the event of an unsuccessful trial to resume working. When an illness occurs during participation in a retraining programme, incapacity for work is not determined in terms of the former occupation but in the context of the demands posed by the vocational retraining being attended.
丧失工作能力的概念已由多项法院判决作出界定。这些判决还大幅拓宽了原本狭隘的、将疾病作为丧失工作能力原因的概念,例如涵盖医院诊断程序、为改善健康或预防不良精神后遗症而消除先天性缺陷、成瘾、精神障碍等等。在逐步恢复工作的情况下,丧失工作能力状态继续适用,比如恢复工作的尝试未成功时。当在参加再培训计划期间生病时,丧失工作能力的判定并非依据先前的职业,而是根据所参加的职业再培训提出的要求来确定。