Facts
The late M., born in 1946, completed an apprenticeship as a machine fitter from 1962 onwards and was exposed to asbestos during this time. In May 2004, he was diagnosed with an asbestos-induced pleural mesothelioma, from the consequences of which he died on 10 November 2005. The SUVA (Swiss Accident Insurance Fund) recognized the condition as an occupational disease and provided the statutory benefits.
By letter dated 14 November 2005, the widow H. filed a claim for satisfaction against the SUVA, as it was jointly liable in tort due to omission on the part of the employer for the insured's death. The SUVA rejected the claim for damages by order of 16 October 2007.
The widow H.'s appeal against this order was dismissed by the Insurance Court of the Canton of Aargau. By way of an appeal in public law matters, H. now demands that the SUVA be obliged to pay damages and satisfaction.
Considerations
The Federal Supreme Court dismisses the appeal. It states that according to Art. 20 para. 1 VG, the absolute forfeiture period of ten years begins on the day of the harmful act or omission, regardless of the time of the damage. This interpretation corresponds to the consistent case law of the Federal Supreme Court and is covered by the wording of the…