Facts
[A.], born in 1956, was employed at the retirement and nursing home B. and was thereby insured against the consequences of accidents and occupational diseases with Allianz Suisse Versicherungs-Gesellschaft AG (hereinafter: Allianz). On August 5, 2009, he had a motorcycle accident and suffered multiple trauma, including an incomplete sensorimotor paraplegia below Th9 (AIS C).
Allianz provided the statutory benefits (medical treatment and daily allowance), whereby it reduced the daily allowance benefits by 20% (based on Art. 37 para. 2 UVG) due to gross negligence, as stated in the decision of September 8, 2010, confirmed by the objection decision of November 12, 2010. By decision of November 7, 2013, Allianz awarded [A.] an (unreduced) disability pension with a degree of disability of 41% from April 1, 2013.
After the IV-Stelle Bern had indicated to [A.] the revision-based increase of the quarter pension to a full pension from June 1, 2016, [A.] requested Allianz on February 27, 2017 to also adjust the accident insurance pension. Allianz then awarded [A.] by decision of February 7, 2018 a 20% reduced disability pension with a degree of disability of 55% from June 1, 2016.
Considerations
The Federal Court concluded that the requirements for a review pursuant to Art. 53 para. 2 ATSG were not met. Allianz had refrained from reducing the disability pension in accordance with Art. 37 para. 3 UVG in its decision of November 7, 2013, although the prosecuting authorities had refrained from prosecution due to the severe impact of the accident on the complainant. Against this background, the decision of November 7, 2013 cannot be considered clearly incorrect within the meaning of…