Facts

X, born in 1948, mother of two children, worked and still works 60% as a dentist in a dental clinic. On February 6, 1984, she was the victim of a traffic accident that resulted in a cervical trauma by hyperextension and incapacity to work. Although she was able to resume her work at 60% as before, X reported episodes of dizziness, neck pain, and persistent headaches. In 1988, Nationale Suisse Assurances awarded her an indemnity for impairment of physical integrity of 10'440 francs, but refused to grant her a disability pension, considering that she had not suffered any loss of earnings. In 1990, X requested that her case be reconsidered, wishing to work 100% but unable to do so due to her state of health. Nationale rejected this request.

Considerations

1. The 1988 decision refusing a disability pension to X could only be modified by way of reconsideration, as the conditions for a revision within the meaning of Art. 22 AIA were not met. Nationale entered into the matter of X's request for reconsideration and examined whether the initial decision was manifestly incorrect. 2. According to Art. 18 AIA, disability must be assessed by comparing the income the insured person could obtain if they were not disabled with the income they can obtain due to their disability. The fact that an insured person working part-time is still able, after an accident, to work to the same extent and for the same…