Facts
G. Z., born in 1957, a national of the former Yugoslavia, suffered an epidural hematoma with impression fracture in a traffic accident on August 22, 1987, which required a craniectomy. As a result, a mild to moderate brain dysfunction ensued. The Swiss Accident Insurance Fund (SUVA) covered the costs of medical treatment.
G. Z. applied for benefits from the Disability Insurance on January 6, 1988. However, the Disability Insurance Commission concluded that the insurance-related requirements for the granting of a disability pension were not met, as G. Z. had not resided continuously in Switzerland from the accident on August 22, 1987 until the onset of disability on August 1, 1988.
Considerations
The Federal Social Insurance Court states that according to the Swiss-Yugoslav Social Security Agreement, Yugoslav nationals without residence in Switzerland who have to give up their employment in Switzerland due to an accident or illness and "remain there" until the occurrence of the insured event, are considered insured under Swiss legislation for the granting of disability insurance benefits.
The Court clarifies that the indeterminate legal term "remain there" is to be understood as "usually reside". The decisive factors for "usual residence" are the actual stay in Switzerland, the will to maintain this stay, and the center of all relationships in Switzerland.
In principle, uninterrupted stay until the occurrence of the insured event is not required. However, the stay must not experience a significant interruption. As a guideline, Article 9 of the Final Protocol can be used, according to which the interruption of the usual residence is generally insignificant…