Facts
The opposing party [S.] (born 1955) worked as a construction worker for [G. AG] from 19 May to 18 June 2008 after his arrival in Switzerland. On 1 July 2008, he took up a position as an event and scaffolding assembly technician for the personnel leasing company [X. AG] , where he suffered an accident during a stage dismantling. SUVA then paid out daily allowances totalling CHF 4,814.05. As [S.] did not agree with the calculation of the daily allowances, SUVA concluded that it had overpaid a total of CHF 1,324.80. It demanded the repayment of this amount. However, the Cantonal Court of Basel-Landschaft determined a higher entitlement to daily allowances and ordered SUVA to pay an additional amount of CHF 355.25. SUVA has appealed against this decision.Considerations
The Federal Court overturns the decision of the Cantonal Court. It finds that for the calculation of the daily allowance pursuant to Art. 23 para. 3 of the Ordinance on Accident Insurance (UVV), the average earnings of the last three months prior to the accident are decisive, regardless of whether the insured person was employed in…