Facts
G., born in 1972, suffered a severe spinal cord injury in a car accident on June 24, 1989. After initial tetraplegia, he was discharged from the Paraplegic Center on October 6, 1989. A first pension application to the Disability Insurance was rejected in 1990 due to lack of relevant disability. In 1995, G. reapplied to the Disability Insurance for benefits. The IV-Stelle Bern (Disability Insurance Office Bern) determined a degree of disability of 33.68% and denied a pension claim. Shortly before, the Swiss Accident Insurance Fund (SUVA) had awarded G. a disability pension retroactively from January 1, 1995, based on a 20% incapacity to work. Upon G.'s objection, SUVA set the degree of disability at 40% in the objection decision of October 30, 1997.Considerations
The Federal Supreme Court states that the concept of disability in Disability Insurance and Accident Insurance is essentially the same, so the disability assessment should generally lead to the same result. However, deviations are not excluded, for example if the degree of disability of one insurer is based on a legal error or an unreasonable exercise of discretion.
The Federal Supreme Court notes that legally binding disability assessments of other insurers must not simply be disregarded, but must be considered as an indication of a reliable assessment and included in the decision-making process. A deviating determination of disability can only be considered in such cases in exceptional circumstances, if there are compelling reasons for it.
In the present case, the IV-Stelle was…