Facts
A. suffered a spinal cord injury as a passenger in a car accident on April 17, 1992. After his claim for disability insurance benefits was denied twice, A. informed the administration that he definitively and irrevocably waived any monetary benefits resulting from the accident. The IV (Disability Insurance) office of the Canton of Zurich rejected the request to issue a corresponding decision. The Social Insurance Court of the Canton of Zurich dismissed the appeal filed against this.
A. filed an administrative court appeal and requested that his waiver of disability insurance benefits resulting from the accident event of April 17, 1992 be established.
Considerations
The Federal Insurance Court states that according to Art. 52 IVG, the provisions of the AHVG (Old Age and Survivors' Insurance Act) apply mutatis mutandis. Pursuant to Art. 48ter AHVG, the injured party's claims against a liable party are transferred to the social insurance at the time of the damaging event up to the amount of the statutory benefits (subrogation). This regulation was introduced with the 9th OASI revision in order to avoid overcompensation and to relieve the social insurance.
The court finds that the appellant had no entitlement to disability insurance benefits based on the legally binding decisions of July 27, 1992 and October 28, 1994. Nevertheless, he cannot in principle waive future IV benefits, as his claims have been transferred to the disability…