THE FACT THAT INJURIES OF THAT NATURE DO NOT APPEAR IN THE TABLE OF DEGREES OF PARTIAL PERMANENT INVALIDITY ANNEXED TO THE INSURANCE POLICY IS OF NO RELEVANCE IN THIS CONNEXION . LIKE ANY OTHER CASE FOR WHICH NO PROVISION IS MADE IN THE TABLE THE QUESTION OF SUCH AN INJURY MUST BE RESOLVED BY FIXING THE DEGREE OF INVALIDITY BY ANALOGY WITH THOSE CASES FOR WHICH EXPRESS PROVISION IS MADE .
11 IT MUST THEREFORE BE CONCLUDED IN THIS INSTANCE THAT DR BELLINI ' S REPORT , AS SUPPLEMENTED BY HIS EVIDENCE BEFORE THE COURT , DID NOT EXCEED THE LIMITS OF ARTICLE 73 OF THE STAFF REGULATIONS WHEN IF FOUND THAT , IN ADDITION TO THE PHYSICAL INJURY ASCERTAINED BY THE FIRST DOCTOR TO ACT AS ARBITRATOR , THE APPLICANT WAS AFFECTED BY PERMANENT INVALIDITY IN THE EMOTIONAL SPHERE .
12 THE COMMISSION MAINTAINS , HOWEVER , THAT IN ASSESSING THAT INVALIDITY AS TOTAL DR BELLINI APPLIED A CRITERION WHICH IS FOREIGN TO ARTICLE 73 , THAT IS , THE APPLICANT ' S CAPACITY FOR WORK . ACCORDING TO THE COMMISSION THAT ARTICLE MUST BE INTERPRETED AS RELATING TO THOSE RISKS OF ACCIDENT WHICH AFFECT THE BODILY OR MENTAL HEALTH OF OFFICIALS , IRRESPECTIVE OF REPERCUSSIONS ON THEIR CAPACITY FOR WORK . THE APPLICANT , ON THE OTHER HAND , MAINTAINS THAT ARTICLE 73 MUST BE INTERPRETED AS RELATING TO INCAPACITY FOR WORK .
13 THE CHOICE BETWEEN THOSE TWO DIFFERENT INTERPRETATIONS OF ARTICLE 73 , NEITHER OF WHICH IS POSITIVELY SUPPORTED BY THE WORDING OF THAT PROVISION , MUST BE DETERMINED BY THE POSITION OF THAT PROVISION WITHIN THE SOCIAL SECURITY SYSTEM OF OFFICIALS .
14 IN THIS CONNEXION IT IS ESSENTIAL TO POINT OUT , FIRST , THAT THE INVALIDITY BENEFIT PROVIDED FOR IN ARTICLE 73 DIFFERS FROM THE INVALIDITY PENSION PROVIDED FOR IN ARTICLE 78 , WHICH IS ONLY AWARDED IN THE CASE OF INCAPACITY FOR WORK . THE BENEFIT PROVIDED FOR IN ARTICLE 73 , ON THE OTHER HAND , IS PAID WHATEVER THE CAPACITY OF THE PERSON CONCERNED TO CONTINUE TO PERFORM HIS DUTIES . PARTIAL PERMANENT INVALIDITY GIVES RISE TO A RIGHT TO THE BENEFIT EVEN IF IT DOES NOT IN ANY WAY AFFECT THE ABILITY OF THE PERSON CONCERNED TO PERFORM HIS DUTIES . MOREOVER , THE DEGREE OF INVALIDITY , WHICH IS ONE OF THE FACTORS WHICH DETERMINES THE AMOUNT OF THE BENEFIT , IS FIXED AT FLAT RATES IN ACCORDANCE WITH A GENERAL SCALE WHICH DOES NOT TAKE ACCOUNT OF THE NATURE OF THE OFFICIAL ' S EMPLOYMENT . A GIVEN CATEGORY OF INJURIES , WHICH IN ONE OFFICIAL AMOUNTS TO TOTAL INCAPACITY FOR WORK BUT DOES NOT AFFECT THE CAPACITY FOR WORK OF ANOTHER OFFICIAL , GIVES A RIGHT TO THE SAME BENEFIT IN EACH CASE . ALTHOUGH IT IS TRUE THAT IN A GENERAL WAY THE DEGREE OF INCAPACITY FOR WORK FORMS THE BASIS FOR THE DEGREES OF INVALIDITY FIXED BY THE SCALE IT CANNOT BE SAID