Facts
[A.], born in 1981, suffered a serious accident as a pedestrian with a cyclist on June 27, 2014, and sustained a severe traumatic brain injury. As a result, the Swiss Accident Insurance Fund (Suva) granted her a severe degree of helplessness allowance and a care allowance starting from September 1, 2015. In February 2017, [A.] requested Suva to adjust the care allowance, as the actual care required was higher than originally determined. Furthermore, the care allowance was to be adapted to the amended legal situation as of January 1, 2017.
Suva did not consider the request for review and denied the prerequisites for a procedural revision. The cantonal court dismissed the insured's appeal. [A.] then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the appeal. It stated that the revised version of Article 18, paragraph 2 of the Accident Insurance Ordinance (UVV), effective January 1, 2017, should also apply to accidents that occurred before the legal change. The transitional provisions in the Ordinance do not preclude such application.
According to the revised Ordinance provision, the insurer now has a claim for benefits for medical home care provided by an unlicensed person, provided that such care is performed professionally. There is also a…