Facts
A. (born in 1988) suffered a work accident on July 21, 2016 while working as a carpenter. The responsible Suva then provided the statutory benefits in the form of reimbursement of medical treatment costs and daily allowance payments. After moving from Switzerland to Germany, A. took advantage of reintegration measures there. However, Suva refused to approve the costs for these measures, as it was of the opinion that they would fall under the responsibility of the Disability Insurance (IV).
The High Court of the Canton of Appenzell Ausserrhoden obliged Suva to reimburse the costs for the occupational measures provided in Germany. Suva then filed an appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed Suva's appeal. It concluded that Suva, as the responsible accident insurer, is obliged to reimburse the costs for the occupational reintegration measures provided abroad in accordance with Regulation (EC) No 883/2004. Although the Swiss Accident Insurance Act (UVG) and the Disability Insurance Act (IVG) provide for different responsibilities for medical treatment and reintegration measures, within the framework of the international sickness benefits assistance under Regulation (EC) No 883/2004, the accident insurer, i.e. Suva, is responsible for reimbursing the costs.
The Federal Supreme Court stated that Regulation (EC) No 883/2004 aims not at harmonization, but only at coordination of the…