Facts
The Federal Social Insurance Court examined the compliance of Art. 28 para. 4 of the Ordinance on Accident Insurance (AIO) with the law and the Constitution. This provision stipulates that for the determination of the degree of disability of an elderly insured person, the earnings that they could still obtain at an average age (around 42 years) or when advanced age (around 60 years) is a significant cause of the reduction in earning capacity are decisive. The Federal Social Insurance Court confirmed the validity of this regulation, rejecting the arguments put forward by the appellant that it would pursue goals foreign to disability, would be incompatible with Art. 36 of the Accident Insurance Act (AIA), and would violate the principle of equal treatment.Considerations
The Federal Social Insurance Court considered that Art. 28 para. 4 AIO falls within the scope of the delegation provided for in Art. 18 para. 3 AIA, which authorizes the Federal Council to issue supplementary provisions on the determination of the degree of disability. This regulation takes into account the fact that the consequences of the same health damage can be much more significant on the earning capacity of an elderly insured person than on that of a younger person, due in particular to their lower capacity for retraining and rehabilitation. Therefore, the Federal Social Insurance Court ruled that the Federal Council, in the exercise of the broad discretion conferred upon it, could legitimately consider that the effects of advanced age on earning capacity do not fall within the scope of disability within the meaning of the AIA.
Furthermore, the Federal Social Insurance Court confirmed that age as such does not…