Facts
A., born in 1959, was employed as a kitchen worker at B. AG since November 1, 2000 and was compulsorily insured against the consequences of accidents and occupational diseases with Sympany Insurance Ltd. (Sympany) in this capacity. On October 6, 2009, he suffered an anaphylactic reaction after consuming rice with nuts. On May 24, 2012, the Swiss Accident Insurance Fund (Suva) issued a declaration of unsuitability with immediate effect for work involving exposure to cereal flour dust and nut dust. A. received unemployment compensation from March 1, 2012 to October 2, 2013. On August 20, 2013, A. requested Suva to pay a transitional compensation, whereupon Suva referred him to Sympany. Sympany rejected the request on the grounds that it was submitted too late.
Considerations
The Federal Supreme Court decided that Sympany, as the accident insurer of the respondent's last employer, is responsible for any transitional compensation owed under Art. 86 para. 1 of the Ordinance on Accident Insurance (VUV). This is because the Suva's declaration of unsuitability of May 24, 2012 was related to the insured's last activity as a kitchen assistant at B. AG. The basis for the transitional compensation is always the specific work that led to the…