Invalidity of an insured person of advanced age

Facts

This decision concerns an appeal by the Swiss National Accident Insurance Fund (SUVA) against a judgment of the insurance court of the canton of Aargau. The dispute concerns the degree of invalidity of an elderly insured person. The main facts are as follows: - The insured, aged 60 at the time of the accident, suffered complex injuries to his dominant right hand. - SUVA set a degree of invalidity of 25%, then 15% during the objection procedure, based on Art. 18 para. 2 of the AIA. - The cantonal court criticized this assessment, considering that it had not taken into account the conditions of an insured person of average age in accordance with Art. 28 para. 4 of the AIO.

Considerations

The Federal Court ruled that SUVA had not applied Art. 28 para. 4 AIO, but had relied directly on Art. 18 para. 2 AIA. According to case law, Art. 28 para. 4 AIO only applies if advanced age is of overriding importance compared to other causes of invalidity. In the present case, the elements of the file do not allow considering that age has played an…