Facts
The case concerns an insured person who claims entitlement to benefits from the military insurance under Art. 39 MilIA. The military insurance must take measures of aftercare, in particular by preparing the insured person for a new occupation, if there is a significant impairment of earning capacity in the previous occupation and a substantially greater earning capacity can be expected in a new occupation corresponding to the insured person's aptitude and abilities.
The parties are the insured person and the Federal Military Insurance. The case was decided by the Insurance Court of the Canton of Zurich and then reviewed by the Federal Court.
The main question in the case is whether the military insurance is obliged to grant the insured person a higher education than that which could be approved under Art. 17 InvIA.
Considerations
The Federal Court relied on the case law on Art. 39 MilIA, according to which the insured person does not have free choice of professional reintegration. The question of reintegration must be assessed objectively, taking into account the insured person's abilities and the legitimate interests corresponding to their personal situation.
The benefits in kind to be provided by the military insurance under Art. 39 para. 1 lit. b MilIA correspond to those of Art. 17 InvIA (retraining). If the military insurance provides such benefits, it must be guided by the same considerations as the disability insurance authorities that apply Art. 17 InvIA.
The Federal Court decided that the military insurance is not obliged to grant its insured person a higher education under the title of professional reintegration than that which…