Facts
The case concerns an insured person named [P.], who on March 24, 1969 jumped out of the window of his apartment and sustained serious injuries. SUVA determined that the accident was due to an alcohol-induced hallucination of the insured person. Thereafter, [P.] and SUVA concluded a settlement on October 30, 1969, under which SUVA covered the medical costs and granted the insured person half cash benefits (sickness allowance and any disability pension).
In 1971, SUVA discontinued the benefits for medical costs and sickness allowance and granted the insured person a pension from September 1971 due to a 50% incapacity to work, which was reduced by half based on the settlement. In 1974, the insured person's brother took over his guardianship and demanded the annulment of the settlement of October 30, 1969 or an appealable order thereon. SUVA then issued a decision on May 29, 1974, in which it upheld the settlement.
Considerations
The Federal Court states that while a settlement between an insured person and a social insurance carrier is possible, the resulting agreements must be confirmed in the form of a decision. The decision of October 27, 1971, in which SUVA ordered the reduction of the pension based on the settlement of October 30, 1969, meets these requirements.
Regarding the sickness allowance claims, which were also the subject of the settlement but were not recorded in the…