Facts
Peter Gasser, born in 1929, suffered injuries during military service in 1970 and 1971, which led to a 40% incapacity to work. As of April 1, 1983, the Federal Office for Military Insurance (BAMV) determined that there was no longer any significant incapacity to work, but a 20% integrity damage. Based on the jurisprudence at the time, the BAMV awarded Gasser an integrity pension of CHF 530.90 per month. Gasser filed a complaint and requested a disability pension based on a 45% disability.Considerations
The Federal Court ruled that in the case of concurrent incapacity to work and integrity damage, according to the new jurisprudence (BGE 110 V 117), both damages are to be compensated cumulatively. The impairment of integrity is to be compensated by a surcharge on the disability pension, which is to be determined at the discretion of the court. For the calculation of the integrity pension, the average between the statutory maximum and minimum earnings is still to be used, but this is to be adjusted only to the development…