Facts
[A.], born in 1958, is a self-employed physiotherapist affiliated with the Compensation Fund of the Canton of Zurich. On August 9, 2020, she reported to receive loss of earnings compensation (COVID-19 loss of earnings compensation) in connection with the measures to combat the coronavirus. The Compensation Fund denied the claim by decision of October 14, 2020, which it confirmed by objection decision of November 26, 2020.
[A.] filed a complaint against the decision. The Federal Supreme Court had to examine whether federal law was violated when the lower instance denied the complainant's claim for COVID-19 loss of earnings compensation.
Considerations
The Federal Supreme Court came to the following conclusion
The loss of earnings within the framework of the COVID-19 Ordinance on Loss of Earnings is a temporally open continuous factual situation without a single subject matter. Since there are no conflict of law rules, general principles for the applicable law in intertemporal factual situations must be applied.
For the period from March 17, 2020 to September 16, 2020, the last version of Art. 2 para. 3bis of the COVID-19 Ordinance on Loss of Earnings ("as of July 6, 2020") is decisive. As of September 17, 2020, the version of Art. 2 para. 3bis valid at the time of the issuance of the objection decision on November 26, 2020 would actually be applicable. However, due to the transitional law contained in the Ordinance, this provision is denied application, as Art. 10c para. 2 of the COVID-19 Ordinance on Loss of Earnings ("as of October 8, 2020") limits the claim for COVID-19 loss of…