Facts
The dispute concerns the question of whether, in the calculation of the supplementary accident insurance pension, the child allowances for children born after the accident should be taken into account to determine the insured earnings. [B.], born in 1956, is the father of three children born on December 18, 1984, November 28, 1987 and July 27, 1990. On May 26, 1987, he fell from a roof in the course of his work as a roofer and fractured his pelvis. The Swiss National Accident Insurance Fund (SUVA) covered the costs of his recovery and paid him daily allowances. On October 1, 1988, [B.] began vocational rehabilitation at the expense of the disability insurance to become a building draftsman. Before the end of this integration measure, he was the victim of a traffic accident with whiplash on June 5, 1990. By decision of November 18, 1992, SUVA granted him a supplementary disability pension in addition to the disability insurance pension, effective November 1, 1992, based on a 100% loss of earnings and an insured annual income of 63,987 francs, as well as a 20% indemnity for impairment of physical integrity.Considerations
1. According to Art. 15(2) AIA, pensions are calculated based on the insured earnings. Pursuant to Art. 22(2)(b) AIO, family allowances paid within the usual scope of the region or industry are also part of the insured earnings. 2. The disputed issue is whether, under Art. 24(2) AIO, only the allowances for the child born before the first accident in 1984 should be taken into account for the calculation of the insured earnings, or whether the allowances for the children born in 1987 and 1990 should also be included. 3. According to the case law of the Federal Insurance Court, Art. 24(2) AIO is intended solely to…