Facts
[F.], born in 1968, suffered a work accident with significant injuries on July 28, 1987, for which the Swiss National Accident Insurance Fund (SUVA) was responsible. After retraining as a helicopter pilot, [F.] worked for S. AG from May 1, 1990, but left this company at the end of August 1990 due to performance limitations. Subsequently, [F.] was employed at the D. restaurant from September 1 to November 30, 1990, and for I. AG from December 15, 1990 to January 15, 1991, before becoming fully incapacitated again due to the late effects of his accident, and SUVA resumed paying daily allowances from January 16, 1991. On May 1, 1992, [F.] suffered a non-occupational accident in which he sustained a dental injury. SUVA rejected the benefits for this accident, as [F.] had not worked in any of its affiliated companies from September 1, 1990 until the renewed incapacity for work from January 16, 1991, and therefore the insurance coverage had ended on September 30, 1990.
Considerations
The Federal Insurance Court came to the following conclusion
While the mandatory accident insurance generally ends 30 days after the loss of the entitlement to wages, the Federal Council, pursuant to Art. 77 para. 3 lit. b of the Accident Insurance Act (UVG), regulates the obligation to provide benefits and the cooperation of the insurers in the event of a renewed accident, not only for the special cases mentioned in the law, but generally. In this respect, the provisions of Art. 100 paras. 1 and 2 of the Accident Insurance Ordinance (UVV) are lawful.
According to Art. 100 para. 1 UVV, the insurer previously liable for benefits…