Facts
The case concerns an insured person (J.A.) who suffered a work accident on November 4, 1985 and has been receiving a full disability pension from the Disability Insurance with a degree of disability of 100% since October 1, 1986. The Swiss National Accident Insurance Fund (SUVA) initially set his degree of disability at 50%, then at 70% following an objection. The insured contested this decision, requesting a degree of disability of 100%.Considerations
The case law establishes in principle that the degree of disability must be the same in accident insurance and disability insurance when it comes to the same health damage. However, the Federal Insurance Court can no longer maintain the previous case law that justified the primacy of SUVA in determining the degree of disability on the grounds that this institution has its own well-developed infrastructure for the assessment of disability, which would not be the case to the same extent for the Disability Insurance.
Indeed, while SUVA does have a good system for the medical assessment of health damage, this is not the case for the assessment of disability, where it risks relying too exclusively on the extent of the health damage and neglecting the decisive economic consequences according to the law and case law, namely the comparison of incomes.
Furthermore, since the entry into force of the InvIA in 1984, insurers other than SUVA can now intervene in compulsory accident insurance, which raises the question of the relationship between these other insurers and the Disability Insurance for the assessment of…