Facts
[S.], born in 1959, had been employed as a forge worker for the company I. AG since 1990. In a stabbing incident, he sustained various injuries on April 27, 2002. The Swiss Accident Insurance Fund (SUVA) provided insurance benefits and reduced its cash benefits by 50% due to his involvement in a brawl. From June 1, 2004, it initially awarded [S.] a disability pension based on a 19% incapacity to work and retroactively paid him a full daily allowance from that date. From July 1, 2006, it awarded him a pension corresponding to an 82% incapacity to work.
The Unemployment Insurance Fund of the Canton of Lucerne paid unemployment benefits from March 1, 2004. By decision of June 3, 2005, it demanded the repayment of the daily allowances paid from June 1, 2004 to April 30, 2005 in the amount of CHF 27,283.85. In partially upholding the objection filed against this, it stated that it had offset CHF 13,926.40 with SUVA benefits and that the insured person did not have to repay the remaining amount of CHF 13,357.45. For the period from May 1, 2005, the Fund rejected the entitlement to unemployment benefits.
Considerations
The Federal Supreme Court held that, pursuant to Art. 28 para. 4 AVIG and Art. 25 para. 3 UVV, since SUVA paid the insured person a full daily allowance from June 1, 2004 to June 30, 2006, regardless of whether the insured person was permanently or only temporarily incapable of working or had a reduced capacity to work, there was no entitlement to unemployment benefits.
For…