Facts
The case concerns an insured person who was injured during their initial training as a forest guard and had to abandon this training due to their disability. The insured person then started a new training as a sommelier. The issue in dispute is whether the new training can be considered as an interrupted initial vocational training and whether the insured person is entitled to a training allowance.
The parties involved are the insured person, the InvIO, and the Federal Social Insurance Office. The procedure began on 9 December 1990 and ended on 23 May 1995.
The main facts are as follows: the insured person started their training as a forest guard in 1988 and was injured in 1990; they then started a new training as a sommelier; the insured person applied for a training allowance for their new training; the InvIO rejected the insured person's application.
Considerations
The Federal Court examined the issue of whether the initial training as a forest guard could be considered as interrupted due to the insured person's disability. The Court considered that the initial training was interrupted because the insured person could no longer work as a forest guard due to their disability.
The Court then examined the conditions for a new vocational training to be considered as an interrupted initial vocational training. The Court considered that the new training must meet the conditions provided for in Article 6 paragraph 2 InvIO, which requires that the initial training was interrupted due to a disability and that the new…