Facts
On 4 August 1990, Gabrielle [Z.], born in 1939, was the victim of a non-occupational accident. She was insured against the risk of illness with the Foundation for Health and Accident Insurance (FAMA) and had been hired by the State of Vaud as a secondary teacher, effective 1 August 1990. The teaching was to begin on the day of the school reopening, 20 August 1990.
The Vaudoise Insurance Fund, the cantonal Vaudois insurance fund for illness and accidents, refused to cover the consequences of the accident that occurred on 4 August 1990. The FAMA appealed against this decision to the Vaud Cantonal Insurance Court, which dismissed the appeal. The FAMA then filed an administrative law appeal against this judgment.
Considerations
The Federal Insurance Court examined the question of whether Gabrielle [Z.] was insured by the Vaudoise Insurance Fund at the time of the accident on 4 August 1990. The lower courts correctly set out the applicable legal provisions, in particular art. 3 para. 1 AIA, which states that insurance takes effect from the day the worker begins or should have begun work under the employment contract.
The Court considered that the accident occurred while Gabrielle [Z.] was on paid vacation, before the start of the school year set for 20 August 1990. She was therefore not insured by the respondent at that time, since she had not yet started working. The appeal was therefore dismissed.
Furthermore, the Federal Insurance Court examined the issue of procedural costs. Art. 134 FJA provides that the Federal Insurance Court may not, as a general rule, impose…