Facts
Urs S., born in 1964, had an accident on 18 January 1988 during a military refresher course and sustained various injuries. From 1 March 1989, the Military Insurance paid him a 30% loss of earnings compensation. On 13 December 1989, he agreed to a proposal from the Military Insurance to pay him a 5% integrity compensation.
With regard to the economic impact of the incapacity to work, the Federal Office for Military Insurance (FOMI) - with the consent of the insured - commissioned an economic expert report, which was submitted on 31 August 1990. Subsequently, the FOMI informed the insured that he would be compensated for the 30% medical-theoretical reduction in his earning capacity in the form of sickness benefits until 31 December 1990, but that no further benefits would be paid after that date. The insured appealed against this proposal, requesting that he be awarded a disability pension based on a 20% incapacity to earn.
Considerations
The Federal Insurance Court found that the insured had a right to participate in the discussion with the expert, where the objections he had raised against the expert report were to be discussed. While the administration may contact the author of an expert report after it has been submitted in order to clarify unclear points, it must nevertheless respect the procedural rights of the insured.
The Court stated that the administration should not have held the discussion on 9…