Facts
The complainant, Margrit G., had been working regularly for the Swiss Ski School L. (SSSL) as a ski instructor since the 1961/62 winter season and had been a member of the ski school since acquiring the ski instructor's patent in 1968. She was compulsorily insured with the "Schweizer Union", General Insurance Company, in accordance with the AIA. On the weekend of 17/18 December 1988, she completed the compulsory further training course prescribed by the competent cantonal office for patented ski instructors every two years, during which she was injured. The SSSL reported the accident to the Swiss Union, which subsequently provided the statutory benefits in the form of medical expenses and daily allowances totaling CHF 29,093.40 over a longer period.
After the insurance company became aware in February 1990 that the "actual" employment as a ski instructor took place on 19 December 1988, it reversed its decision and ruled on 9 November 1990 that it was not liable for the damage event of 17 December 1988. The complainant appealed, which was dismissed by the Administrative Court of the Canton of Grisons.
Considerations
The Federal Insurance Court considers that insurance under Art. 3 para. 1 AIA begins on the day the employee commences work or should have commenced work based on the employment. The question of what is meant by the connecting point "commencement of work" has already been explained by the Federal Insurance Court in an older judgment from 1950.
The complainant suffered the ski accident, which occurred on the first day of the course, after commencing her work. The attendance of the compulsory further training course was to be considered as an employment-related obligation and had a concrete work-preparatory character. There is such a close connection between attending the further training course and exercising the instructional activity as a ski instructor that the course cannot be…