Facts
H., born in 1976, received daily allowances from the unemployment insurance as of April 18, 2001. On May 17, 2001, he was injured in a fall backwards from the loading platform of a delivery van while unloading stones on a construction site of company X. Company X. was affiliated with Winterthur Swiss Insurance Company (Winterthur) for the implementation of the mandatory accident insurance. Winterthur initially provided the benefits from the accident insurance, but later claimed them back from the Swiss Accident Insurance Institution (SUVA), as H. was unemployed at the time of the accident and thus insured with SUVA. However, the Federal Office of Public Health decided that SUVA was responsible for the accident. SUVA filed an administrative court appeal against this decision.
Considerations
The Federal Insurance Court concluded that H. was unemployed within the meaning of Art. 2 of the Ordinance on Accident Insurance for Unemployed Persons (UVAL) at the time of the accident on May 17, 2001, and thus insured with SUVA. However, H. also met the requirements of Art. 6 para. 1 UVAL, according to which the insurer of the respective company provides the benefits in the case of earning an interim income from dependent employment. Although H. did not receive any wages for his four-day work at company X., an…