Facts
Arthur S., born in 1933, suffered a left patellar fracture in a fall on a construction site on July 13, 1989. The Swiss Accident Insurance Fund (SUVA) covered the cost of treatment, paid a daily allowance, and ordered a rehabilitation stay. After a final examination on July 4, 1991, SUVA awarded Arthur S. a 50% disability pension as of December 1, 1991 and an integrity compensation of 16,320 Swiss francs based on a 20% integrity damage.
Arthur S. filed an objection and requested a 100% disability pension and a higher insured annual income. SUVA then increased the disability pension to 75%. Against the objection decision, Arthur S. filed a complaint with the Administrative Court of the Canton of Lucerne, also demanding a higher integrity compensation.
Considerations
The Administrative Court did not enter into the complaint regarding the integrity compensation, as Arthur S. had not raised any objection to the assessment of the integrity damage in the objection procedure. Thus, the decision on this point had become legally binding.
The Federal Supreme Court confirmed this…