Facts
The FRV (FRV) insurance company appealed against a judgment of the Administrative Court of the Canton of Geneva which had obliged it to take into account the secondary income of the insured [E.] in the calculation of his daily allowance following a work accident that occurred on June 27, 1996. [E.] worked part-time (10 hours per week) for a cleaning company X in addition to his main employment at G. FRV refused to include the secondary income, considering that [E.] was no longer insured against non-occupational accidents in the context of his activity at X at the time of the accident.Considerations
The Federal Tribunal upheld FRV's appeal. Firstly, it is doubtful that [E.] remained in the service of X at the time of the accident, his behaviour rather resembling an abandonment of employment. Secondly, even if there was no abandonment of employment, the extension of insurance coverage provided for by law does not apply to part-time workers of less than 12 hours (since 2000: less than 8 hours) per week with the same employer, as they are not insured against non-occupational accidents. Only the…