Facts
R., born in 1964, was insured as a part-time pharmaceutical assistant with Allianz Suisse Insurance Company against accidents. After an accident on 17 February 2001, Allianz acknowledged its obligation to provide benefits and rendered the statutory benefits. As of 1 April 2007, Allianz set the incapacity for work of the insured person relevant for the calculation of the daily allowance at 40%. However, the Administrative Court of the Canton of Thurgau determined that the entitlement to the daily allowance as of 1 April 2007 should be calculated on the basis of an incapacity for work of 70%. Allianz then filed a complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court states that in calculating the daily allowance for a person in part-time employment, the degree of incapacity for work must be determined in relation to the workload immediately prior to the accident. A conversion to a full-time workload is not indicated. Daily allowances are intended to compensate for the actual loss of earnings…