Facts
This decision of the Swiss Federal Tribunal concerns the right to reintegration of an insured person under the military insurance. The facts are as follows: - The dispute concerns the claimant's right to a reintegration measure due to his disability. - The Military Insurance Act (MilIA) provides, in Articles 33 to 39, for integration and follow-up measures for disabled or threatened insured persons. - According to Article 37 MilIA, the insured person is entitled to be reintegrated into a new gainful activity if this is necessary due to his disability and if it allows to substantially preserve or improve his earning capacity. - This provision is worded almost identically to Article 17 of the Disability Insurance Act (InvIA) in its version in force until 31 December 2003. - The case law relating to Article 17 InvIA is therefore applicable by analogy to define the conditions for the right to reintegration under Article 37 MilIA.Considerations
According to this case law, the right to reintegration presupposes in particular that the permanent loss of earnings due to the disability reaches approximately 20%. This is an indicative threshold, as reintegration measures generally involve significant costs and must therefore be justified by a substantial reduction in earning…