Facts
[A.], born in 1955, suffered whiplash of the cervical spine in a rear-end collision on September 29, 1995. Since her employer did not properly insure her against accidents, the substitute insurer UVG recognized its obligation to provide benefits and granted [A.] a disability pension with a degree of disability of 50% as of May 1, 2002.
Years later, [A.] developed an inflammatory-demyelinating disease of the central nervous system, which led to her complete incapacity to work. The substitute insurer UVG thereupon revoked the ongoing pension as of August 31, 2018.
Considerations
The Federal Supreme Court ruled that the loss of the natural causal link between the accident event and the incapacity to work due to the disease unrelated to the accident does not constitute a ground for revision to revoke the disability pension.
While a disability pension from accident insurance can generally be revised if the actual circumstances change significantly, a subsequent loss of the causal link between the accident and the incapacity to work due to a disease unrelated to the accident does not constitute such a ground for revision.
The Federal Supreme Court…