Facts
The dispute concerns the entitlement to a daily allowance for the insured person, Mr. Wülser, during his vocational rehabilitation. The Compensation Fund of the Basel Economic Association and the Appeals Authority for Social Insurance of the Canton of Basel-Landschaft refused to pay him the daily allowance for certain isolated days when he was prevented from working due to the rehabilitation, on the grounds that the conditions of Art. 17bis OAII were not met.Considerations
The Federal Court considers that Art. 17bis OAII, which provides for the payment of the daily allowance for at least 4 full days per month, applies only to insured persons who are prevented from pursuing a gainful activity due to the rehabilitation, and not to those who are at least 50% incapable of working, as is the case with Mr. Wülser. Indeed, the expert commission that prepared the introduction of disability insurance wanted to limit the right to the daily allowance to insured persons suffering a loss of earnings, in accordance with the regime of the loss of earnings allowance.…