Facts
Mario M., born in 1944, was a team leader at the metal construction company B. SA and insured with the Swiss National Accident Insurance Fund (CNA). On June 9, 1986, he was the victim of an accident on a construction site, having lost his balance at a height of about 1.5 m and fallen on his heels. This fall resulted in a comminuted closed fracture of both calcanei.
After returning to work at 25% and then 50%, Mario M. submitted a claim for benefits to the disability insurance, seeking the granting of a pension. The Disability Insurance Commission of the Canton of Vaud issued a decision on November 18, 1987, in which it set Mario M.'s degree of disability at 50% and the start of his entitlement to the pension on June 1, 1987. The Geneva Cantonal Compensation Fund issued the corresponding pension decision on July 8, 1988.
By decision of February 26, 1988, the CNA granted Mario M. an invalidity pension based on an earning incapacity of 33.33% as of January 1, 1988. Mario M. filed an objection to this decision, arguing that his earning capacity did not exceed 50%.
Considerations
The Federal Insurance Court considers that in this case, only a "transitional pension" within the meaning of Art. 30 OLAA could be taken into consideration. Indeed, at the time the CNA issued its pension decision in February 1988, the rehabilitation measures of the disability insurance had neither been decided nor implemented, so that a key element for the final assessment of the disability according to the legal rules was missing.
According to Art. 30 OLAA, when further medical treatment can no longer be expected to significantly improve the…