Facts
The case concerns the question of whether the cantonal court violated federal law by confirming the expenditure for home care set by the Swiss Accident Insurance Fund (Suva) at a final amount of 10.1 hours per week and a monthly compensation of CHF 2,239.
The appellant, a man born in 1987, suffered multiple severe injuries, particularly a severe traumatic brain injury, in a motorcycle accident in 2010. Since then, he has been paralyzed and requires care. Suva, as the responsible mandatory accident insurer, recognized an entitlement to helplessness compensation for moderate helplessness as well as an entitlement to home care.
The appellant challenges the assessment of the care needs, in particular the method used, as well as the compensation for the recognized services within the framework of Art. 18 Para. 1 UVV.
Considerations
The Federal Court partially upholds the appeal.
First, it notes that home care services within the meaning of Art. 18 UVV constitute a benefit in kind as part of medical treatment. Therefore, the Federal Court remains bound by the lower court's findings of the legally relevant facts.
Regarding the assessment of care needs, the Federal Court states that while Art. 43 ATSG does not impose a legal obligation to use a specific method or defined standards, the assessment must be up-to-date. The respondent was therefore free to choose the method for determining the care needs and it cannot be…