Facts
The insured person suffered a motorcycle accident on October 27, 1979. As a residual consequence, a left trigeminal neuropathy remained. In March 1981, he reported a hearing impairment to the SUVA, which was recognized by them as an occupational disease. The treatment of the hearing impairment was completed before January 1, 1984.
By decision of February 7, 1984, the SUVA rejected the award of an integrity compensation for the hearing impairment, as the treatment had been completed before January 1, 1984 and the old law (KUVG) did not know the integrity compensation. For the consequences of the accident, the SUVA awarded the insured person an integrity compensation based on an impairment of integrity of 20%.
The insured person filed a complaint and requested that he be awarded an integrity compensation based on an impairment of integrity of 30%, including the hearing impairment. The Insurance Court of the Canton of Bern dismissed the complaint.
Considerations
The Federal Insurance Court decided that the complainant has no claim to an integrity compensation for the hearing impairment, as the treatment was completed before January 1, 1984 and thus still falls under the old law (KUVG), which did not know the integrity compensation.
The provisions of Art. 36 para. 3 sentence 1 AOIA and Art. 36 para. 2 AOIA are not applicable here, as these provisions generally only regulate the concurrence of integrity damages that are insured as such under the law. Although the hearing…