Facts
The Swiss National Accident Insurance Fund (SUVA) awarded T. a disability pension with effect from November 1, 1996, based on a 40% incapacity to earn, as well as an integrity compensation, by order of May 14, 2004, and set a default interest for the period until the end of May 2004. The Social Insurance Court of the Canton of Zurich overturned SUVA's objection decision and remanded the case to SUVA to recalculate the default interest in accordance with the considerations and issue a new decision.
SUVA filed an administrative court appeal with the request that the judgment of the Social Insurance Court be overturned and the objection decision be confirmed.
Considerations
Pursuant to Art. 26 para. 2 ATSG, the obligation to pay default interest begins 24 months after the claim arises, but no earlier than 12 months after it is asserted. The lower court and the respondent are of the opinion that the obligation to pay default interest begins 24 months after the start of the pension for the entire benefits accrued up to that point. The appellant, on the other hand, takes the view that the default interest for each individual monthly pension payment only begins to accrue 24 months after its due date.
The Federal Supreme Court follows the view of the lower court and the respondent. The wording of Art. 26…