Facts
The case concerns the point in time from which the accident insurance must pay a helplessness allowance. The issue is whether Article 37 of the Ordinance on Accident Insurance (UVV), which links the commencement of the entitlement to helplessness compensation to the commencement of any possible pension entitlement, is in compliance with the law. The insured person applied for the helplessness allowance from May 1998, after he was discharged from the Paraplegic Center in April 1998. The accident insurance granted the compensation from January 2000, while the Administrative Court set the commencement to August 2001. The insured person argues that Article 37 UVV is unlawful, as the requirements for helplessness compensation and pension are different and therefore must not be linked.Considerations
The Federal Court examines whether Article 37 UVV is lawful. It finds that neither the Accident Insurance Act (UVG) nor the Disability Insurance Ordinance (IVV) establish a connection between helplessness compensation and the commencement of a pension. The terms "helplessness" and "disability" denote two different concepts that are not necessarily linked. The Federal Court sees no reasonable reason to…