Rejection of Consideration of the Insured's Spouse's Loss of Earnings in the Calculation of Overcompensation

Facts

A., born in 1962, was employed as a fitter at B. GmbH and was therefore mandatorily insured against the consequences of accidents with the Swiss National Accident Insurance Fund (Suva). In a gas explosion and subsequent fall from a height of 8 meters, he sustained serious injuries. Suva provided the statutory insurance benefits. By decree of April 5, 2018, Suva determined that there was still a (retroactive) entitlement to daily allowance of CHF 2,569.65, as an overcompensation of CHF 185,357.70 had been paid out.

Considerations

The Federal Supreme Court notes that according to Art. 69 para. 2 GSSLA, only income losses of family members caused by the assumption of care and supervision of the insured person are to be taken into account. However, the…