Facts
The case concerns René Ulrich, an apprentice composer who was involved in a road accident in 1978, resulting in a disability. The Schweizerische Unfallversicherungsanstalt (SUVA) granted him a disability pension in 1979, based on an annual salary of 25'679 Swiss francs. Ulrich contested this decision, requesting a revision of the annual salary for the calculation of his pension.
The Court of Justice of the canton of Schwyz partially admitted the contestation, setting the annual salary at 27'740 Swiss francs. The SUVA appealed this decision, requesting its annulment.
Considerations
Article 78 para. 4 LAMA provides a special rule for determining the annual salary for apprentices who have not yet reached their full working capacity. This rule must be interpreted in correlation with Article 78 para. 1 LAMA, which sets out the general principles for determining the annual salary.
The Federal Court examined the arguments of the parties and concluded that the rule of Article 78 para. 4 LAMA must be interpreted in such a way that the annual salary is determined on the basis of the working conditions in the company where the apprentice was employed at the time of the accident, and not on the basis of hypothetical working conditions in other companies.
The Court also examined the issue of the condition of indigence for…