Facts
B., born in 1967, was employed as a caretaker and janitor since 1994 and was compulsorily insured against accidents with the Swiss Accident Insurance Institution (SUVA). After two accidents in 1996 and 1998, SUVA awarded him a disability pension at 100% incapacity to work and an integrity compensation at 35% loss of integrity from 2002 onwards. In 2007, SUVA initiated a revision and discontinued the benefits retroactively from June 2004, as there were no longer any consequences of the accident. The insured person filed an objection against this decision.
Considerations
The Federal Supreme Court held that in determining the point in time for the revision-based revocation of the pension, the date of the decision should be decisive if it is established that the revision requirements were materially fulfilled on that date. Otherwise, the insured person could have determined the time of the revision himself through an objection, which must be prevented in order to ensure equality before the law. Therefore, the revocation of the pension is to be set on June 1, 2009.
Regardin…