Facts
S. (born 1966) worked as a baker/confectioner until the end of February 1989. On 1 April 1989, she took up a position as a fairground operator in the business of E., her future mother-in-law. Through this employer, she was compulsorily insured against occupational and non-occupational accidents with Allianz Continentale, Allgemeine Versicherungs AG (hereinafter: Continentale). On 18 April 1989, S. had an accident while setting up the stand, when a wooden crate weighing around 600 kg tipped over from a forklift. In August 1989, she married the son of her employer.
Continentale set the daily allowance based on a converted annual income of CHF 12,320 at CHF 27. S. filed a complaint and requested the determination of the daily allowance based on a higher income. The Insurance Court of the Canton of Aargau qualified S. as a "contributing family member" within the meaning of Art. 22 para. 2 lit. c UVV and remanded the case to Continentale for a new determination of the daily allowance.
Considerations
The Federal Court states that the term "family members" in social insurance law generally only includes the members of the family in the civil law sense of the Civil Code. Engagement or cohabitation do not establish membership in the family.
Since…