Facts
On May 1, 1997, Z., a heating fitter apprentice born in 1979, had a serious road accident while driving, without a driver's license and under the influence of alcohol, a vehicle belonging to his brother. Following this accident, the Swiss National Accident Insurance Fund (SUVA) reduced its benefits by 30% due to the fact that the accident was caused during the commission of an offense. The AI (Disability Insurance) Fund of Schwyz also subsequently reduced the disability pension it granted him by 30%, based on the same reason.Considerations
According to the case law of the Federal Insurance Court, disability insurance benefits may be reduced when the insured person has caused his own disability by committing an offense, even if the criminal court has refrained from punishing him under Art. 66bis of the Swiss Criminal Code. In this case, Z. committed the offenses of driving under the influence of alcohol (Art. 91 para. 1 RTC) and unauthorized use of a vehicle (Art. 94 no. 1 RTC), which are considered offenses within the meaning of Art. 7 para. 1 DIA. The fact that Z.'s brother waived the complaint for the theft of the vehicle is not relevant.
Regarding the degree of…