Facts
V., born in 1958, was employed by the City of [Y.] at 60% as an operations employee since January 26, 2009, and was thus compulsorily insured against accidents with the Swiss Accident Insurance Fund (SUVA). On August 6, 2010, he suffered fatal injuries in a traffic accident.
The SUVA calculated the insured earnings based on the deceased's gross salary of CHF 19,320.- earned at the City of [Y.] on the basis of a 60% position within the year prior to the accident. However, the cantonal court determined the insured earnings based on an earlier point in time when the deceased was still fully employed.
Considerations
The Federal Supreme Court decided that the insured earnings must be calculated according to the basic rule of Art. 15 para. 2 AFIA based on the salary the deceased received within one year prior to the accident. It is decisive that he earned a regular income in the year before the fatal accident, even though he had been 50% disabled since 2007 and had not yet received a disability insurance pension.
The special rule of Art. 24 para. 1 OAFIA,…