Facts
In this case, it was about the redetermination of the degree of disability and the insured earnings of the accident insurance for an insured person who had suffered multiple disabling accidents.
The Swiss Accident Insurance Institution (SUVA) had been paying the insured person a disability pension since 1978 based on a degree of disability of 50%. For two additional accidents in 2006 and 2007, SUVA was also liable for benefits, so it had to award a pension from all three accidents in total.
For the redetermination of the degree of disability, the rules of the pension revision under Art. 17 ATSG applied. In this process, the administration and the court could freely review the hypothetical earning capacity income of the insured person without being bound by the original pension decision.
Considerations
In determining the hypothetical earning capacity income, the last earned income, if necessary adjusted for inflation and real income development, is generally to be used as a basis. Exceptions must be established with a preponderance of probability.
In the present case, it was taken into account that the insured person was described as a good, reliable and ambitious skilled worker who was preparing for the master craftsman's examination and to…