Facts

L., born in 1955, was employed as an office assistant at a 60% workload at M. AG from March 1, 1999 to November 30, 2000. Due to a collective health insurance policy taken out by the employer with Visana under the Insurance Contract Act (VVG), she received daily allowance benefits due to 100% incapacity to work until the end of December 2000. On December 15, 2000, she registered with the unemployment insurance to receive benefits. However, the Public Unemployment Office of Baselland denied her entitlement as long as the insured person was receiving daily allowances from Visana.

Considerations

The Federal Insurance Court concluded that the daily allowances paid by Visana to the opposing party in December 2000 do not constitute wage or compensation claims within the meaning of Art. 11 para. 3 AVIG. According to the case law, the entitlement assessment under Art. 11 para. 3 AVIG is based on the AHV legislation. Pursuant to Art. 6 para. 2 lit. b AHVV, insurance benefits for accidents, illness or disability…