Facts
A., born in 1980, was employed as a temporary assistant at the Federal Office E. from February 3 to August 31, 2006 after completing her biology studies, and was compulsorily insured against accidents with the Swiss Accident Insurance Institution (SUVA) due to this employment. In August 2006, A. participated in a research project of the Zoological Institute of the University C. financed by the Swiss National Science Foundation, with research work in Zambia. There, she was seriously injured as a passenger in a service vehicle in a traffic accident on August 10, 2006.
The SUVA initially provided the statutory benefits. On September 17, 2007, the University C. reported the accident to Visana Insurance Ltd. (Visana). In a letter dated June 1, 2010, the University C. informed the SUVA that A. was working as a volunteer for the University C. at the time of the accident and was therefore insured against accidents with Visana. The SUVA then approached the Federal Office of Public Health (FOPH) with the request to conduct the procedure in accordance with Art. 78a AFIA and to determine that Visana is responsible for providing benefits from the accident of August 10, 2006.
Considerations
The Federal Supreme Court concluded that until the accident of August 10, 2006, A. was not acting out of pure courtesy, but was working as a member of the expedition team for the University C. within the meaning of Art. 1a para. 1 AFIA. This is particularly evidenced by the detailed preparatory actions that A. had to carry out on behalf and in the interest of the University C., as well as the expense allowance provided by the University.
Since the accident occurred during the journey with…