Facts
Mr., born in 1945, a mechanic, worked for company X. SA from 1985 to 2003. In September 2003, he was diagnosed with left-sided pleural mesothelioma, an occupational disease related to asbestos. After several cycles of chemotherapy, his condition gradually deteriorated, and he passed away on July 28, 2004. The Swiss National Accident Insurance Fund (CNA) covered the medical treatment and paid daily allowances, but refused to grant compensation for impairment of integrity to the widow and daughter of Mr. The Cantonal Insurance Court of Geneva annulled this decision and recognized the entitlement to compensation. The CNA then appealed against this decision.Considerations
The Federal Court ruled that the right to compensation for impairment of integrity is only open when the impairment is permanent, i.e., when it will persist with at least the same severity throughout the insured person's life. In the case of a serious and incurable occupational disease significantly reducing life expectancy, this condition is met when at least one year has elapsed between the time when the treatment can no longer bring any improvement and the death. However, in the present case, only eight and a half months elapsed between the end of curative treatment and the death, which is not sufficient to open the right to compensation.
The Court also…