Facts
K., a commercial employee, suffered an accident on July 8, 1988 and subsequently received a daily allowance from accident insurance (AA) as well as a full disability pension from disability insurance (AI). In January 1992, the accident insurance reduced the daily allowance due to an excess of social benefits compared to the presumed earnings in case of full earning capacity. From April to June 1992, the AI took over a phase of professional evaluation of the beneficiary's earning capacity. The compensation fund then calculated the AI daily allowance based on the reduced amount of the AA daily allowance, after deducting one-thirtieth of the amount of the current AI pension and an amount for living expenses. The beneficiary contested this decision, arguing that he should have benefited from the unreduced AA daily allowance, in accordance with the guarantee of the acquired situation provided for in Art. 25bis InvIA.Considerations
The Federal Tribunal ruled that Art. 25bis InvIA, which aims to prevent a reduction in benefits for a recipient of an accident insurance daily allowance upon entering an AI integration measure, takes precedence over the general coordination provisions in the event of a cumulation of AI benefits. Thus, the reduction rule provided for in Art. 20ter para. 3 InvIO, which is based on Art. 43…