Jurisdiction of the Insurance Court of the Canton of Aargau for Survivors' Benefits under the UVG

Facts

The widow B.A., A.A., residing in France, asserted a claim for survivors' benefits under the Accident Insurance Act (UVG) since her husband had died from the consequences of an occupational disease insured under the UVG. Neither A.A. nor her deceased husband had ever been domiciled in Switzerland. B.A. last worked as a cross-border commuter for a company in the Canton of Aargau.

The Insurance Court of the Canton of Aargau and the Cantonal Court of Lucerne disputed the local jurisdiction to assess the appeal of A.A. against the objection decision of the Swiss Accident Insurance Fund (Suva). The Insurance Court of the Canton of Aargau considered itself competent based on the administrative agreement for the implementation of the social security agreement between Switzerland and France, while the Cantonal Court of Lucerne affirmed the jurisdiction of the Insurance Court of the Canton of Aargau pursuant to Art. 58 para. 2 ATSG.

Considerations

The Federal Supreme Court decided that the Insurance Court of the Canton of Aargau has local jurisdiction. The administrative agreement for the implementation of the social security agreement between Switzerland and France is to be understood as an implementing provision, not as a governing jurisdictional rule. The federal legislator intended with Art. 58 para. 2 ATSG (formerly Art. 107 para. 2 UVG) to relieve the Insurance Court at the seat of the Suva in Lucerne.

Since neither the deceased insured person nor his widow had ever been domiciled in Switzerland, the place of jurisdiction is determined according to Art. 58 para. 2…