Facts
M., born in 1965, was employed part-time as a bartender at A. AG from July 1, 1995. On October 23, 1995, he suffered a fatal accident when his motorcycle collided with a delivery van. The "Winterthur" Swiss Insurance Company, to which the accident was reported, initially denied its obligation to provide benefits, as the accident had not occurred at work or on the commute to work. After an objection, Winterthur acknowledged the accident as a commuting accident, but reduced the benefits by 20% due to gross negligence of the deceased. The surviving dependents of the deceased then filed a complaint with the Social Insurance Court of the Canton of Zurich, which awarded the benefits without any reduction. Winterthur then filed an administrative court appeal with the Federal Insurance Court.Considerations
1. The Federal Insurance Court first examines how the working hours of irregularly employed part-time employees are to be determined. It follows the recommendation of the Ad-hoc Commission on Damages of the UVG Insurers, which bases the determination of the scope of coverage on the average of the last three months. Accordingly, the deceased was insured for non-occupational accidents, as he had reached a weekly workload of at least 12 hours in the majority of weeks. 2. The court further examines whether the accident can be classified as a commuting accident. It follows the case law, according to which an interruption or delay of the commute of up to one hour does not negate the connection between the journey and the work. Since the…