Facts
Insured person C. suffered a work-related accident on August 10, 1981 and contracted an insured occupational disease. The Swiss National Accident Insurance Fund (SUVA) awarded him a 35% disability pension as of September 1, 1991. At the same time, SUVA rejected C.'s claim for transitional compensation beyond August 31, 1991.
C. filed a complaint against these decisions. The Insurance Court of the Canton of Aargau found that C. is entitled to a 40% disability pension as of September 1, 1991. To the extent that C. claimed a higher pension, the continuation of the transitional compensation, and other benefits, the complaint was dismissed.
C. then filed an administrative court appeal, requesting that SUVA be obliged to pay additional transitional compensation.
Considerations
The Federal Court states that the recipient of a partial disability pension may be significantly impaired in his or her professional advancement on the labor market due to a decision of unsuitability directed against him or her within the framework of the remaining earning capacity. Therefore, he…