Facts
X, born in 1965, was insured with the Swiss National Accident Insurance Fund (SUVA) and suffered a severe work accident on September 17, 1985, in which he sustained a complete tetraplegia below the C5 vertebra and second-degree burns covering approximately 20% of his body surface. After rehabilitation at his mother's home, X demanded that SUVA reimburse the wage costs incurred for home care. SUVA initially recognized only a portion of the costs. X then filed a complaint, requesting compensation for further medical measures such as catheterization, application of a condom with urinal, percussion and compression of the bladder, as well as digital evacuation of the bowels.Considerations
The Federal Supreme Court ruled that these medical measures, performed by caregivers, qualify as measures to maintain the health condition of the tetraplegic within the meaning of Art. 21 para. 1 lit. d of the Federal Accident Insurance Act (UVG). Therefore, there is a general entitlement to compensation for these services by SUVA. However, this is subject to the condition…