Mr. Jansen (45) was employed as a logistics employee at a medium-sized transportation company. Due to a serious chronic illness, he became completely incapacitated for work. After the 104-week reintegration process, Mr. Jansen was assessed by the UWV for a WIA (Work and Income according to Labour Capacity Act). The outcome: Mr. Jansen was declared 80-100% incapacitated for work and was awarded WGA benefit (Work Resumption Partially Disabled).
A substantial financial impact for the employer, who as the owner-risk bearer is responsible for the employee's WGA benefits and reintegration obligations for another ten years. And that while the employee's situation does not seem to be improving. Reintegration seems further and further away. This would entail tens of thousands of euros in premiums and costs for the employer annually.
Objection by Resolu on behalf of employer
Because Mr. Jansen had a progressive and irreversible condition, recovery or return to work was out of the question. The employer therefore decided to appeal the WGA award through Resolu, arguing that the employee was permanently totally disabled and entitled to IVA benefits.
The objection was supported by additional medical grounds from Resolu's physician-authorized (registered and independent occupational physician), which clearly showed that Mr. Jansen's situation would deteriorate. It was also emphasized that a reassessment and reintegration were pointless and this would only impose additional burdens on the employee, higher costs and associated administrative burdens.
Outcome
After the assessment by an insurance physician Objection and Appeal of the UWV, it was concluded that the original decision was indeed incorrect. The UWV declared the objection well-founded and changed Mr. Jansen's benefit from a WGA benefit to an IVA benefit (Inkomensvoorziening Volledig Arbeidsongeschiktten).
For the employee, IVA benefits meant complete financial security, with no job application requirements or periodic reassessments. For the employer, it meant huge cost savings:
- No WGA charges with total cost over 10 years €478,220 - €528,220 at a WGA benefit of €42,822 per year;
- No reintegration obligations with per year costs of €5,000 - €10,000;
- No financial risk in future reassessments.
Conclusion
This case demonstrates how an objection procedure can not only be in the employee's interest, but can also provide significant financial benefits for an employer. By filing a timely and well-substantiated objection, the employer managed to avoid an unnecessarily long-lasting financial burden while providing certainty to the employee. Would you also like to object to a UWV decision with which you disagree? Then contact Resolu.
