Facts
V., born in 1959, was employed as a kitchen assistant in a hospital and was therefore compulsorily insured against the consequences of accidents with Helvetia Accident (hereinafter: Helvetia). After a car accident on March 8, 1984, Helvetia acknowledged its obligation to provide benefits and provided the statutory benefits. In March 1998, Elvia Insurances (hereinafter: Elvia) as the legal successor to Helvetia proposed to the insured to grant a disability pension at a degree of disability of 33.33% and an insured income of CHF 54,000, as well as an integrity compensation due to a loss of integrity of 10%, for the remaining consequences of the accident, with effect from January 1, 1998. The insured agreed to the proposal, except that the insured income should be increased to CHF 62,000. By a legally binding decision dated September 23, 1998, Elvia declared itself "without prejudice" willing to increase the insured income and thus the pension accordingly, and granted the benefits in this sense.
By decision dated October 1, 2012, Allianz Suisse Versicherungs-Gesellschaft AG (hereinafter: Allianz) as the legal successor to Elvia reconsidered the decision of September 23, 1998 insofar as it retroactively reduced the insured income to CHF 40,943 as of January 1, 1998 and accordingly reduced the pension. As justification, it stated that the insured income and thus the pension entitlement had been incorrectly determined in the previous decision.
Considerations
According to Art. 53 para. 2 ATSG, the insurance carrier can reconsider legally binding decisions or objection decisions if they are clearly incorrect and if their correction is of significant importance. The prerequisite for a reconsideration is that there is no reasonable doubt about the incorrectness of the decision.
However, in order to be able to reconsider a granted…