Facts
A., born in 1956, suffered finger injuries to his left hand at work on April 5, 2002. The Swiss National Accident Insurance Fund (Suva) awarded him a pension retroactively from February 1, 2007, with an uncontested decision that became legally binding, due to a 15% loss of earning capacity. On April 21, 2007, A. fell off his bicycle and suffered further injuries. By decision of December 20, 2016, the Suva awarded A. a combined pension retroactively from January 1, 2009, corresponding to a 24% loss of earning capacity, due to permanent accident-related restrictions on his left hand and right shoulder. The Suva declared the pension entitlements for the period from February 1, 2007 to December 31, 2009 as lapsed.
The Insurance Court of the Canton of St. Gallen overturned the Suva's objection decision regarding the lapse of pension claims before January 1, 2010 and referred the matter back to the Suva for the payment of the due and unpaid pension entitlements from February 1, 2007. The Suva filed a public law appeal.
Considerations
The Federal Supreme Court examined whether the conclusion of the cantonal court, that the pension entitlements for the period before January 1, 2010 had not lapsed and were therefore to be paid retroactively, was contrary to federal law.
The Federal Supreme Court stated that Art. 24 para. 1 ATSG only regulates the lapse of establishment, but not the lapse of enforcement. For the enforcement of a legally established claim, a time limit of ten years still applies…