Claim for Graduated, Limited-Term or Permanent Disability Pension under the Old Law

Facts

The case concerns a complainant to whom the Swiss Accident Insurance Fund (SUVA) had awarded a 15% disability pension from May 31, 1981 to May 31, 1984 and for the period from June 1, 1984 to May 31, 1990 a pension based on an earning incapacity of 10%. This graduation and limitation of the pension was based on assumptions about facts that only materialized after the entry into force of the new Accident Insurance Act (UVG) on January 1, 1984.

The question was according to which regulations the contested decision is to be assessed - according to the new UVG or the old Health Insurance Act (KUVG).

Considerations

Pursuant to Article 118 paragraph 1 UVG, insurance benefits for accidents that occurred before the entry into force of the UVG and for occupational diseases that broke out before that time are granted according to the previous law (KUVG).

However, Article 118 paragraph 2 UVG provides that for insured persons of SUVA, the provisions of the UVG shall apply from the entry into force of the UVG, provided that the claim only arises after the entry into force of the UVG.

Since the complainant's claim for the disability pension undisputedly arose before January 1, 1984, the disputed pension claim is to be…