Facts
On December 7, 1982, Damian J., born on May 16, 1921, and compulsorily insured with the Swiss National Accident Insurance Fund (SUVA), suffered a serious traffic accident as a pedestrian. He sustained significant injuries requiring a five-month hospitalization and several stays at the SUVA post-hospital treatment center in Bellikon. From February 27, 1984, he was declared capable of working to the extent possible, but he did not resume any gainful employment. By decision of June 4, 1984, SUVA granted the insured, as of March 1, 1984, a disability pension for a loss of earning capacity of 33 1/3% and an indemnity for impairment of physical integrity of 25%. It maintained this decision in its decision on objection of August 9, 1984. The insured appealed against this decision, requesting that he be granted a pension for a loss of earning capacity of at least 60%, citing, in particular, the illegality of Art. 28(4) AIO. The Insurance Court of the Canton of Zurich dismissed the appeal by decision of February 5, 1985. The insured filed an administrative law appeal to reassert his first instance conclusions.Considerations
The Federal Tribunal dismissed the appeal. It considered that Art. 28(4) AIO, which provides that the degree of disability must be determined based on the hypothetical income that a middle-aged insured person would obtain if the insured does not resume gainful employment…