Facts
The case concerns an insured person who suffered an accident in 1999 and applied for a disability pension in 2008. The accident insurance initially calculated the pension based on insured earnings of CHF 106,800, but later corrected this to CHF 97,200, as this corresponded to the maximum amount at the time of the accident. The insured person argued that for the pension calculation, the maximum amount at the time of pension commencement in 2008, which was CHF 106,800, should apply, as the pension started more than five years after the accident and according to Art. 24 para. 2 ATSG, the salary in the year prior to pension commencement is decisive. The Federal Court ruled in favor of the insured person. It explained that in cases where the pension starts more than five years after the accident (application of Art. 24 para. 2 ATSG), the maximum insured earnings applicable at the time of pension commencement according to Art. 22 para. 1 ATSG is decisive. This corresponds to the purpose of the special regulation in Art. 24 para. 2 ATSG, which is to protect insured persons from the consequences of currency depreciation.Conside…