Facts
Marcus Blumenstein, the owner of a men's clothing agency, suffered from severe bone lesions (multiple eosinophilic granuloma) that significantly reduced his work capacity from 1959 onwards. Although his health improved between 1962 and 1966, a new acute phase of the disease occurred around July 1967. Blumenstein continued to work until December 24, 1967, after which the management of his businesses was taken over by his wife until his death on April 3, 1969. On September 10, 1968, Blumenstein applied for disability insurance benefits. On March 28, 1969, various benefits were granted to him, including a full disability pension with allowances for his wife and son, and an attendance allowance from December 1, 1968.Considerations
1. According to Art. 29 para. 1 InvIA, the right to a pension arises when the insured person has been on average at least half incapable of working for 360 days without essential interruption (2nd variant). In the present case, the cantonal appeals commission considered that Blumenstein was on average 75% incapable of working in 1967 and 90% incapable of working from May to December 1968, so that the 360-day condition was met in May 1968. However, the Federal Insurance Court considers that the 360-day period is not a waiting period, but a period during which the condition of disability must be met. It is sufficient that a significant limitation of the work capacity exists from the beginning of this period, without a minimum degree of incapacity to work being required. 2. According to the findings of the previous instance, Blumenstein was already…