Facts
A., born in 1983, was a sales assistant at company X. AG since October 1, 2005 and was thus compulsorily insured against accidents with SUVA. As a result of a rear-end collision on September 4, 2007 and a car accident on January 8, 2008, she was injured. SUVA provided medical treatment and daily allowances. By decision of February 3, 2010, SUVA discontinued the daily allowances paid for the consequences of the accident of January 8, 2008 as of February 18, 2009 and reclaimed the daily allowances paid from February 19 to December 31, 2009 in the amount of CHF 21,298.40.
Considerations
The lower court considered that SUVA had essentially based the reclaim on the results of the surveillance of the insured person by her liability insurer and the medical assessments of Dr. med. M. based thereon. These were newly discovered facts or evidence. Based on this, the insured person was no longer restricted in her ability to work from a physical point of view at the latest as of February 10, 2009. The requirements for a revision under Art. 53 para. 1 ATSG were undoubtedly met, so that the reclaim ordered was lawful.
The Federal Court upheld the decision of the lower court. It considered that the surveillance reports of February 10 and March 6, 2009 in connection with the assessment of Dr. med. M. of December 21, 2009 contained new findings regarding the issue of ability to work since February 19, 2009, which entitled SUVA to reclaim the daily allowances from that date. Based on these new items of evidence or the new facts contained therein, the insured person was fully able to work in a moderately…