Calculation of the disability pension in the event of a relapse or late consequences occurring after January 1, 1984

Facts

The dispute concerns the annual salary to be taken into account for the calculation of the disability pension of the appellant, whose rate has been increased from 20% to 50% due to a relapse that occurred after January 1, 1984. The Swiss National Accident Insurance Fund (SUVA) and the cantonal court consider that the old law (LAMA) is applicable, while the appellant argues that the new provisions of the Accident Insurance Act (AIA) should apply.

Considerations

According to case law, pension rights acquired under the old law, whether they are graduated, time-limited or lifelong pensions, remain subject to the LAMA revision rules, even in the event of a relapse or late consequences. Thus, the calculation of the pension must be based on the salary the insured would have earned before the initial accident, and not on the salary received before the declaration of the relapse.

The Federal Insurance Court rejects the appellant's argument to apply the new provisions of the AIA. It considers that the revision of the pension following the relapse does not constitute a new pension right, but an increase in the disability rate of a pension born under the old law, which must therefore be calculated according to the…