Facts
The appellant A., born in 1966, suffered an accident on October 4, 1989, which led to complete paraplegia from Th 7 downwards. The Swiss National Accident Insurance Fund (Suva) subsequently awarded him a disability pension, a helplessness allowance, and an integrity compensation.
On July 9, 2019, A. reported to Suva that he had become stuck on the edge of the bed while reversing his wheelchair the previous day and had fallen to the floor with his left shoulder. The resulting injuries to his left shoulder required surgical intervention. However, Suva rejected its obligation to provide benefits for the consequences of this accident, as A. had not been insured with it for this and there was also no adequate causal link to the accident of October 4, 1989.
Considerations
The Federal Supreme Court states that according to the case law, the accident insurer is generally liable for all consequences, including indirect consequential damages, that are naturally and adequately causally related to an insured accident.
While it is undisputed that the fall on July 8, 2019 was the cause of the injuries to the left shoulder, the issue is whether this fall can be considered an indirect consequence of the first, insured accident of October 4, 1989, and thus establishes an obligation to provide benefits by Suva.
The Federal Supreme Court denies an adequate causal link between…