Facts
X, born in 1963, was employed in the road maintenance department of the building department of the municipality of W. and was compulsorily insured with the Swiss Accident Insurance Institution (SUVA). After an accident on August 5, 1988, which led to an amputation of the lower leg, SUVA paid him a daily allowance of 98 francs from August 8, 1988.
On January 10, 1989, X registered with the disability insurance for the receipt of benefits. The compensation fund of the canton of Zurich granted him a one-year retraining as a vocational integration measure. In determining the daily allowance owed by the disability insurance during this integration, the fund initially only considered the daily allowance of 98 francs paid by SUVA up to that point.
On January 16, 1990, the municipality of W. informed the compensation fund that the insured's monthly salary without health impairment would be 4,111.25 francs (including the 13th monthly salary) as of January 1, 1990, which is why SUVA would now pay a daily allowance of 109 francs. Thereupon, the compensation fund granted a daily allowance of 109 francs on January 18, 1990, but revoked this decision already on February 2, 1990 and left the daily allowance at 98 francs.
Considerations
The Federal Insurance Court had to decide whether the daily allowance of the disability insurance, which is triggered by an integration, must at least correspond to the daily allowance of the accident insurance actually received up to that point, or whether it must also be adjusted to the amount of a hypothetically increased daily allowance of the accident insurance in accordance with Art. 23 para. 7 UVV.
The court concluded that the direct interpretation elements as a whole are unable to confirm the argument put forward by the Federal Office of Social Insurance (BSV). The wording "daily allowance received so far" in Art. 25bis IVG also allows the interpretation of the Appeals Commission…