Facts
The present case concerns the calculation of the integrity compensation for an insured person of the Swiss National Accident Insurance Fund (SUVA), where the accident occurred before the entry into force of the Federal Act on Accident Insurance (UVG) on January 1, 1984. Due to relapses or late effects, a permanent and significant integrity damage occurred after this date, for which an integrity compensation must be paid.
The Federal Court had to clarify which annual earnings are decisive for the calculation of the integrity compensation in such cases. SUVA took the view that the maximum amount of the insured annual earnings at the time of the entry into force of the UVG, i.e. on January 1, 1984 (CHF 69,600.-), should be used as a basis.
Considerations
The Federal Court followed SUVA's argument. It stated that although there is no express legal regulation for the calculation of the integrity compensation in the event of relapses and late effects, this gap cannot be considered a genuine legislative gap. Rather, the legislator's concept is recognizable, according to which a revision of the integrity compensation was not intended.
For the calculation of the integrity compensation in such cases, the wording of Art. 25 para. 1 UVG is therefore decisive, which states that the integrity compensation must not exceed the maximum amount of the insured annual earnings applicable on the day of the accident. Since the accident occurred before the entry…