Facts
K., born in 1959, worked as a project manager and was insured against the consequences of accidents with Elvia Insurances (now Allianz Suisse). On October 30, 2000, she became the victim of a rape during a vacation in Egypt. As a result, she was diagnosed with post-traumatic stress disorder, which over time developed into a mixed asthenic, emotionally unstable personality disorder.
Allianz paid a daily allowance and provided medical treatment in the form of psychotherapy. However, based on an expert opinion dated November 12, 2009, Allianz discontinued the insurance benefits on April 16, 2010, with the exception of a 15% integrity compensation.
K. filed a complaint against this decision. The Insurance Court of the Canton of Solothurn partially upheld the complaint and ordered the continuation of medical treatment.
Allianz then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld Allianz's appeal and overturned the decision of the Insurance Court to the extent that it granted further medical treatment.
According to the interpretation of the Federal Supreme Court, a claim for medical treatment under Art. 21 para. 1 lit. c ATSG (Federal Act on Accident Insurance) necessarily…