Facts
The case concerns an insured person ([Z.]) who suffered an accident on April 20, 1975 with a lower leg fracture and knee involvement, for which the SUVA (Swiss Accident Insurance Fund) was responsible. In June 1992, [Z.] became fully incapacitated for work for other reasons, whereupon the Disability Insurance (IV) awarded him a full pension. On October 6, 1994, while [Z.] was working as part of an employment program and was insured against accidents with "Winterthur" Swiss Insurance Company (Winterthur), he suffered another accident with an upper arm fracture. The SUVA and Winterthur agreed to pay the daily allowance in equal shares. Later, the SUVA rejected further benefits and referred to the responsibility of Winterthur, while Winterthur also rejected all benefits except for an integrity compensation.Considerations
The Federal Supreme Court decided that according to Art. 100 para. 3 of the Accident Insurance Ordinance (UVV), the insurer liable for the second accident, i.e. Winterthur, must provide all benefits if the new accident leads to a change in the degree of disability. The decisive factor is not whether the additional disability from the second accident exceeds the limitation of earning capacity from the first accident, but solely whether the degree of disability has changed.
The Federal…