Rejection of the Payment of Half-Orphan's Pensions to the Grandmother

Facts

The case concerns the question of who is entitled as the legal representative of the half-orphans to receive the survivors' benefits. The deceased J. was insured with the Swiss Accident Insurance Institution (SUVA). After his death in 2001, SUVA paid survivors' benefits to the widow L. as well as the two half-orphans E. and F.

In 2006, the deceased's mother Q., who lives in Kosovo, claimed that the half-orphan's pensions should be retroactively paid to her, as she held the guardianship over E. and F. SUVA refused the direct payment to Q. and issued a contestable order in 2012, which was confirmed by the Cantonal Court of Lucerne in 2013.

Q. then filed a public law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the findings of fact by the lower instance can only be challenged under narrow conditions. Since this concerns the modalities of payment of an undisputed monetary benefit, the limited cognition of the Federal Supreme Court applies.

On the merits, the Federal Supreme Court confirmed the decision of the lower instance. The appellant Q. was unable to prove that she had been lawfully appointed as the guardian of…