Entitlement to Disability Pension Despite Breach of Duty to Cooperate in the Disability Insurance Proceedings

Facts

[A.], born in 1977, suffered a work accident on 9 December 2010. From 1 November 2011, the SUVA awarded him a disability pension at a degree of disability of 100% and an integrity compensation. After [A.] had registered with the IV (Disability Insurance) in 2011 upon the request of the SUVA, the IV-Office, however, denied any entitlement to vocational measures and a disability pension, as [A.] had not undergone the ordered psychiatric assessment. The SUVA then calculated the disability pension as a complementary pension. The Administrative Court of the Canton of Thurgau annulled this decision and ordered the continuation of the previous disability pension. The SUVA filed an appeal in public law matters.

Considerations

The Federal Supreme Court held that Art. 51 para. 2 AIO (Accident Insurance Ordinance) not only grants the accident insurance the right to order the insured person to register with another social insurance once, but that this duty to register also includes the duty to cooperate to the necessary extent in the…