Corte di Cassazione: chiarimenti sulla rettifica e revisione in caso di miglioramento da malattia professionale a cura dell’Ufficio Servizi Istituzionali e Legali

Roma, 30 agosto 2021 – Con ordinanza n. 22877/2021, la Corte di Cassazione in materia di rendita per inabilità conseguente a infortunio o malattia professionale, ha chiarito che la rettifica si differenzia dalla revisione non solo per la sua causa (errore dell’INAIL e mancato miglioramento dell’attitudine lavorativa) bensì per la disciplina relativa ai criteri, metodi e strumenti del suo accertamento e alla decorrenza del termine in cui l’Istituto può esercitare la facoltà. Ciò in quanto la diversa qualificazione è determinata non già dalla quantificazione giuridica imposta dal provvedimento amministrativo o dal risultato dell’accertamento emerso dal giudizio su di esso, ma piuttosto dall’effettiva volontà che sorregge l’atto, per come ricostruita dal giudice di merito, ossia in relazione alla finalità di correggere l’iniziale riconoscimento per emendarlo dall’errore da cui era affetto oppure di adeguarlo all’intervenuto mutamento delle condizioni dell’attitudine lavorativa.
La decisione della Suprema Corte è conseguente al ricorso presentato da un cittadino che si era visto rigettare dal Tribunale la domanda volta al ripristino della rendita per malattia professionale in misura pari al 16%, soppressa dall’INAIL per ritenuto miglioramento dei postumi con liquidazione dell’indennizzo in capitale pari all’11%.
Nel rivolgersi alla Corte di Cassazione, il ricorrente deduceva che il Tribunale avesse ritenuto che, in caso di revisione per miglioramento dei postumi, si potesse operare una rivalutazione dei postumi sussistenti all’epoca della prima liquidazione della rendita, siccome in concreto effettuato dal consulente tecnico d’ufficio (CTU).
In particolare, i Giudici di legittimità, nell’accogliere il ricorso, hanno evidenziato come, nel caso di specie, il Tribunale avesse accertato che il ricorrente fosse stato destinatario di un provvedimento di revisione della rendita sul presupposto che si fosse verificato un miglioramento dei postumi e che, essendo stato tale provvedimento oggetto di contestazione, l’oggetto del presente giudizio risultava limitato all’accertamento dell’intervenuto miglioramento dei postumi, senza potersi estendere alla rivalutazione della loro consistenza originaria.

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