Facts
A., born in 1955, injured his right knee in a fall while mountain biking on June 15, 2019 and received a total knee replacement. The district physician of the Swiss National Accident Insurance Fund (SUVA) acknowledged a 100% capacity for an adapted activity from August 2020 onwards. Based on a disability rate of 4%, SUVA denied the insured person's entitlement to a disability pension. The Social Insurance Chamber of the Court of Justice of the Republic and Canton of Geneva upheld the insured person's appeal and amended the decision on objection, granting the insured person a disability pension based on a disability rate of 14%. The Federal Tribunal partially upheld the appeal filed by the insurer against this judgment.Considerations
The dispute concerns the question of whether the cantonal court violated federal law by recognizing the respondent's entitlement to a pension based on a disability rate of 14%. The cantonal court justified the reduction not only by the functional limitations, but also by the advanced age of the respondent.
Article 28 paragraph 4 of the Ordinance on Accident Insurance (OLAA) applies when, due to his age, the insured person does not resume gainful employment after the accident or if the reduction in earning capacity is essentially due to his advanced age. In such cases, the earnings from…