Facts

This decision concerns the entitlement of an insured person to the daily allowance and operating allowance during the period of vocational rehabilitation. The dispute is between the claimant, a former self-employed carpenter, and the compensation fund for tradesmen and the administrative court of the canton of Grisons. The key facts are as follows:
  • The claimant was recognized as being unable to work at least 50% in his usual occupation as a carpenter due to health problems.
  • During the waiting period before the start of the rehabilitation measures (from May 11, 1989 to February 5, 1990), the claimant was engaged in salaried employment.
  • The compensation fund refused to pay him a waiting daily allowance, on the grounds that his salaried income during this period was not lower than what he earned as a self-employed craftsman.
  • The claimant also requested the payment of an operating allowance, in addition to the daily allowance, to cover the costs of his business during the rehabilitation.

Considerations

The Federal Court ruled that the fact that the claimant, although unable to work at least 50% in his usual occupation, was engaged in salaried employment during the waiting period in order to mitigate the damage, does not in principle exclude his entitlement to the waiting daily allowance. The rules for calculating the daily allowance provided for in Art. 21 OASIO apply by analogy to the waiting daily allowance.

Regarding the operating allowance, the Court considered that the claimant was entitled to it, insofar as he was operating a business as a…