On the discontinuation order in review proceedings
Effective notification of the cessation of benefits in accordance with § 7 No. 4 BB-BUZ requires that the insurer justifies its decision in a comprehensible manner, which requires a comparison of the state of health on which the insurer based its acknowledgement with the later state of health.
(OLG Koblenz, judgment of 11.7.2008, Ref.: 10 U 842/07)
At the time of the onset of occupational disability
Occupational disability occurs at the point in time when a condition first arose which, in retrospect, according to the state of medical science, could not be expected to improve at least until the restoration of the conditionally relevant (here 50%) working capacity. The decisive factor here is neither the time of onset of the initial illness nor the insured person’s inability to work, but rather when, according to expert assessment, a well-trained, well-informed and carefully treating doctor would have considered the insured person’s condition to be such that no improvement could be expected according to the current state of medical science.
(OLG Bremen, judgment of 25.6.2010, Ref. 3 U 60/09)