Facts
This case dealt with the question of the timing of a revision-based increase in pension benefits in accident insurance. [M.] had sustained a right knee injury in accidents on July 27, 1972 and November 9, 1975. After several relapses and the implantation of a total right knee prosthesis on October 24, 2002, [M.] had been receiving an invalidity pension from the accident insurance since June 1, 2004, based on an incapacity to work of 26%. In the summer of 2009, [M.] claimed another relapse. The Swiss Accident Insurance Fund (SUVA) subsequently increased the pension with effect from December 1, 2011 to 31%.
The Cantonal Court of Basel-Landschaft set the beginning of the entitlement to the increased pension at October 1, 2009. SUVA then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that there are no special adjustment rules for the field of accident insurance. It is therefore correct to base the adjustment made ex officio on the date of the decision. An analogous application of the regulations from the Disability Insurance (Art. 88a para. 2 and Art. 88bis para. 1 IVV) is not possible in the field of accident insurance.
The Federal Supreme Court emphasized that invalidity pensions are considered to be continuous benefits, the entitlement to which only arises after the completion of medical treatment. Even in…