Revision of the annuity entitlement of an insured person in the accident insurance

Facts

H., born in February 1942, suffered two car accidents in 1981 and 1983. The SUVA (Swiss National Accident Insurance Fund) has granted her a 50% disability annuity since 1985 as well as compensation for impairment of physical and mental integrity. In 2003, H. requested an increase of her annuity to 100% disability, which the SUVA refused. The Social Insurance Court of the Canton of Zurich dismissed her appeal. H. then filed a public law appeal to the Federal Tribunal.

Considerations

The Federal Tribunal partially upheld the appeal. It considered that Art. 22 of the AIA (Accident Insurance Act) has not been adapted following the gradual increase of the retirement age for women to 64 in the 10th revision of the OASI (Old Age and Survivors' Insurance). This is clearly an oversight by the legislator, which the judge can and must rectify. Thus, the revision of H.'s disability annuity is possible until her entry into the ordinary OASI retirement age, i.e. until the end of February 2006.

However,…