Facts
The dispute concerns the determination of the insured annual salary serving as the basis for the calculation of the pension. The appellant suffered two accidents, the first on May 26, 1987 and the second on June 5, 1990. The SUVA (Swiss Accident Insurance Fund) granted a supplementary disability pension as of November 1, 1992, based on an insured annual salary of CHF 63,987.-- in accordance with Art. 24 para. 4 AIO. The appellant considers that Art. 24 para. 2 AIO should apply, which would lead to a higher annual salary.Considerations
The Federal Court considers that the case at hand, which involves an initial determination of the pension after several disabling accidents and a right to the pension arising more than five years after the first accident, is not expressly regulated by the law and the ordinance. Art. 24 para. 2 AIO governs the case of the commencement of the pension more than five years after the accident, while Art. 24 para. 4 AIO applies when a pension recipient suffers a new accident resulting in a higher degree of disability.
Although the case at hand contains elements of both special situations, it does not fully correspond to either of them. The Court nevertheless considers that Art. 24 para. 2 AIO must be applied preferentially, as this provision aims to avoid inequitable results when salaries have increased during the long period of payment of daily allowances. There is no reason…