Facts
A., born in 1961, worked as a night guard in a retirement and nursing home and was insured with AXA Insurance AG against the consequences of occupational and non-occupational accidents. On February 17, 1998, she injured her right shoulder in a fall. By decision of July 2, 2014, AXA awarded the insured a pension based on a disability degree of 14 percent, effective from February 1, 2013. The Social Insurance Court of the Canton of Zurich amended the objection decision, requiring AXA to set the pension claim based on a disability degree of 24 percent.Considerations
AXA appeals the decision of the Social Insurance Court. The Federal Supreme Court dismisses the appeal. The Federal Supreme Court notes that in the objection procedure, any relevant developments that have occurred in the pending proceedings must be taken into account. The legal and factual circumstances at the time of the objection decision are generally decisive. Since the pension start was set for February 1, 2013, and the objection decision was issued on November 9, 2015, there was nothing to prevent the application of the more recent 2012 Wage Structure Survey. The Federal Supreme Court considers it permissible that the cantonal court has carried out a table…