Facts
[L.], born in 1955, completed basic military training in 1975, during which he had to undergo treatment for a skin rash. This led to the development of a therapy-resistant psoriatic arthritis, resulting in a 100% disability. The Federal Office for Military Insurance (FOMI) granted [L.] an unlimited disability pension as of October 1, 1981.
In May 1992, [L.] applied for an integrity damage pension. The FOMI rejected this, as the claim had already been decided on in 1982. The Administrative Court of the Canton of Lucerne overturned the non-consideration decision and obliged the FOMI to examine the prerequisites for the granting of an integrity damage pension on the merits.
Considerations
The Federal Insurance Court states that the case is to be judged according to the old law, as the FOMI issued the decision in 1992 under the law of 1949.
In the case of simultaneous impairment of earning capacity and physical or mental integrity, both damages are to be compensated cumulatively. The case law has changed in the sense that not only the predominant damage, but both impairments…