Facts
A., born in 1964, has been running a sole proprietorship for the installation of windows since 1997 and was insured against the consequences of accidents and occupational diseases with the Swiss Accident Insurance Institution (Suva) - first voluntarily and from January 1, 2004 compulsorily. On April 26, 2000, he slipped at work, sustaining a meniscus lesion in his right knee. Suva provided the statutory benefits. From the end of September 2000, he was fully able to work again. By decision of March 2, 2020, Suva awarded A. an invalidity pension from April 1, 2020 based on an accident-related loss of earnings of 50% and an insured annual income of CHF 48,600.
A. filed a complaint against the Suva's objection decision of October 22, 2020. The Cantonal Court of Basel-Landschaft set aside the objection decision and referred the matter back to Suva for further clarification and the issuance of a new decision.
Suva filed an appeal in public law matters against the judgment of the Cantonal Court.
Considerations
The Federal Court considered that the significant and long-lasting difference between the insured income agreed at the time of the accident and the reported AHV-liable income, the transfer from voluntary to compulsory accident insurance after regaining full working capacity, and the emergence of the pension entitlement more than five years after the insured event could, in exceptional cases, justify an adjustment of the agreed pre-accident income by analogy with Art. 24 para. 2 AOIA.
The Federal Court…