Facts
A., born in 1970, suffered head injuries in a shooting incident that led to complete incapacity to work. The IV office of the Canton of Zurich rejected his application for a disability pension, as his behavior in connection with the incident justified the permanent denial of monetary benefits. The Social Insurance Court of the Canton of Zurich partially dismissed A.'s appeal. A. then filed a public law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court confirmed the denial of the full disability pension. According to Art. 7 para. 1 of the former Disability Insurance Act (aIVG) and Art. 21 para. 1 of the General Part of the Social Insurance Law (ATSG), monetary benefits may be reduced or denied if the insured person has intentionally caused the insured event or committed the act while intentionally committing a crime or offense.
In the present case, it is established that A. suffered the disabling head injuries in an altercation between two groups, in which there was violence and a shooting. A. was convicted of participation in a brawl within the meaning of Art. 133 of the Criminal Code (StGB) and violation of the then applicable prohibition for nationals of his country of origin on the acquisition and carrying of firearms.
The Federal Supreme Court states that the extent of the reduction or denial of benefits depends on the fault of the insured person. In objective terms, the abstract or concrete risk potential for the insured person themselves is relevant. Subjectively, the course of action, in particular…