Facts
Hans Beiner, born in 1921, profession: miller, suffered from tuberculosis in 1949 during military service, which resulted in a complete resection of the knee joint and a shortening of the right leg by 3 cm. The Military Insurance subsequently awarded him an integrity pension, which was calculated based on the presumed lost annual income. Over the years, the annual income was adjusted several times, most recently to CHF 33,436.--.
In 1981, the Federal Office for Military Insurance (FOMI) initiated a pension revision procedure and concluded that the integrity pension should be reduced from 33 1/3% to 20%. However, the Insurance Court of the Canton of Bern overturned this decision, as it assumed that this was an integrity pension.
Considerations
The Federal Insurance Court states that an integrity pension is generally granted if the insured person is significantly restricted in the enjoyment of life. A revision of the pension is possible if the physical or mental disadvantage of the insured person changes significantly. However, a mere reassessment of the unchanged state of health does not constitute a reason for revision.
In the present case, the insured person's state of health has not changed significantly. Therefore, the original integrity pension of 33 1/3%…