Facts
A., born in 1963, was employed by B. from April 9, 1979, and was thereby mandatorily insured against the consequences of accidents with the Swiss Accident Insurance Institution (Suva). On April 19, 2003, he suffered an accident with a kickboard, in which he sustained a severe traumatic brain injury. Suva provided the statutory benefits, but did not award him a pension, as his earning capacity was not significantly impaired.
On May 9, 2007, A. reported to Suva that he was no longer able to work 100%. Suva acknowledged its obligation to provide benefits and agreed with A. and his employer that the accident insurer would be notified again in case of renewed problems.
On December 20, 2013, A. filed a request for revision pursuant to Art. 53 ATSG. Suva then awarded him a disability pension at a degree of disability of 100% and an additional integrity compensation of 40%, effective January 1, 2014.
Considerations
The Federal Supreme Court examined whether the lower court violated federal law by confirming the pension commencement date set by Suva as of January 1, 2014.
The Federal Supreme Court stated that in the case of relapses and late effects without medical treatment, the commencement of the pension should be set at the earliest on the date of the application or the notification of the relapse. Since…