Overview
- A court decision reported on January 8 holds that a rehab clinic’s discharge finding of fit for work ends the prior incapacity, so a later unrelated diagnosis counts as a new case (7 Ca 396/09).
- Doctors’ discharge findings carry high evidentiary weight, and employers cannot merge distinct sickness periods with general doubts or tactical objections.
- When a new illness arises after such a discharge, the employer’s six-week wage continuation under Section 3 of the Entgeltfortzahlungsgesetz starts anew.
- Krankengeld typically begins without a separate application if the sickness certificate is sent electronically to the insurer; if a paper printout is issued, patients should submit it promptly, with some insurers advising action within a week.
- Payment gaps commonly stem from AU timing breaks and data issues—follow-up certificates must be issued by the next working day after the prior note ends (Saturday does not count), and payouts can be delayed if the insurer lacks the AU or the employer has not sent electronic earnings data via DTA EEL; Medical Service reviews require timely yet data-sparing responses.