AND DURATION OF INCAPACITY FOR WORK AND THE COMPETENT INSTITUTION MERELY RETAINS THE POSSIBILITY OF HAVING THE WORKER EXAMINED BY A DOCTOR OF ITS OWN CHOICE ( ARTICLE 18 ( 5 )*).
13 THAT INTERPRETATION IS ALSO MADE NECESSARY BY THE PURPOSE OF ARTICLE 18 OF REGULATION NO 574/72 AND OF ARTICLE 19 OF REGULATION NO 1408/71 . IF THE COMPETENT INSTITUTION WAS FREE NOT TO RECOGNIZE THE FINDING OF INCAPACITY FOR WORK MADE BY THE INSTITUTION OF THE PLACE OF RESIDENCE, A WORKER WHO IN THE MEANTIME HAD ONCE AGAIN BECOME FIT FOR WORK COULD, AS THE NATIONAL COURT EMPHASIZES, HAVE DIFFICULTY IN PRODUCING THE NECESSARY PROOF . HOWEVER, IT IS PRECISELY THOSE DIFFICULTIES WHICH THE COMMUNITY RULES AT ISSUE ARE DESIGNED TO ELIMINATE . SUCH A SITUATION WOULD BE UNACCEPTABLE BECAUSE IT WOULD INTERFERE WITH "THE ESTABLISHMENT OF THE GREATEST POSSIBLE FREEDOM OF MOVEMENT FOR MIGRANT WORKERS, WHICH IS ONE OF THE FOUNDATIONS OF THE COMMUNITY" ( JUDGMENT OF 25 FEBRUARY 1986 IN CASE 284/84 L . A . SPRUYT V BESTUUR VAN DE SOCIALE VERZEKERINGSBANK (( 1986 )) ECR 693 ).
14 FINALLY, ATTENTION MUST BE DRAWN TO THE FACT THAT THE COMMUNITY RULES ON CASH BENEFITS PAID IN RESPECT OF ILLNESS AND ON CASH BENEFITS PAID IN RESPECT OF ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES ARE ANALOGOUS : THE CONTENT OF ARTICLES 18 AND 61 OF REGULATION NO 574/72 IS THE SAME . IN A CASE RAISING QUESTIONS COMPARABLE TO THOSE AT ISSUE HERE, THE COURT DECIDED THAT A DIAGNOSIS THAT A PERSON IS SUFFERING FROM AN OCCUPATIONAL DISEASE MUST BE RECOGNIZED BY THE MEMBER STATE WHICH IS UNDER A DUTY TO PAY THE BENEFITS, EVEN IF THAT DIAGNOSIS WAS MADE IN ANOTHER MEMBER STATE AND IN ACCORDANCE WITH ITS LEGISLATION ( JUDGMENT OF 11 MARCH 1986 IN CASE 28/85 DEGHILLAGE V CAISSE PRIMAIRE D' ASSURANCE MALADIE (( 1986 )) ECR 999 ).
15 THE REPLY TO THE FIRST QUESTION SHOULD THEREFORE BE THAT ARTICLE 18 ( 1 ) TO ( 4 ) OF REGULATION NO 574/72 MUST BE INTERPRETED AS MEANING THAT IF THE COMPETENT INSTITUTION DOES NOT EXERCISE THE OPTION PROVIDED FOR IN PARAGRAPH ( 5 ) OF HAVING THE PERSON CONCERNED EXAMINED BY A DOCTOR OF ITS CHOICE, IT IS BOUND, IN FACT AND IN LAW, BY THE FINDINGS MADE BY THE INSTITUTION AT THE PLACE OF RESIDENCE AS REGARDS THE COMMENCEMENT AND DURATION OF INCAPACITY FOR WORK .
SECOND QUESTION
16 IN THE SECOND QUESTION, THE NATIONAL COURT WISHES TO KNOW WHETHER THE REPLY TO THE FIRST QUESTION WILL BE THE SAME IF THE WORKER DOES NOT COMPLY WITH THE THREE-DAY TIME-LIMIT LAID DOWN IN ARTICLE 18 ( 1 ) OF REGULATION NO 574/72 FOR THE SUBMISSION OF A CERTIFICATE OF INCAPACITY FOR WORK ISSUED BY THE DOCTOR PROVIDING TREATMENT OR IF THE INSTITUTION OF THE PLACE OF RESIDENCE HAS NOT COMPLIED WITH THE TIME-LIMITS LAID DOWN IN ARTICLE 18 ( 3 ) FOR FORWARDING THE MEDICAL REPORT TO THE COMPETENT INSTITUTION