Facts

# No Cancellation of Accident Insurance Pension Upon Receipt of IV Daily Allowances **Parties:** - Plaintiff: Caisse nationale suisse d'assurance en cas d'accidents (CNA) - Defendant: M. **Facts:** - M. worked as a mason for the company X. SA and was insured against accident risks with the CNA. - On January 29, 2007, M. suffered an accident with severe injuries to his right arm. - On January 29, 2008, M. applied for an InvIA pension. - The InvIA granted M. vocational orientation and support in job searching, which was discontinued due to M.'s inability to work. - The CNA granted M. an accident insurance pension as of June 1, 2010, due to a 21% loss of earning capacity. - The InvIA granted M. daily allowances as of May 23, 2011, due to vocational observation days and training. - The CNA suspended the pension as of May 23, 2011, and demanded the repayment of the already paid pension. - The cantonal court upheld M.'s appeal and overturned the CNA's decision. **Legal Considerations:** 2.1 According to Art. 18 para. 1 AIA, an accident insured person with an invalidity of at least 10% is entitled to a pension. Invalidity is assessed by comparing the income before and after the accident (Art. 16 LPGA). 2.2 According to Art. 19 para. 1 AIA, the pension entitlement arises when no improvement in the state of health can be expected and the InvIA measures are completed. The pension entitlement ceases in case of full capital redemption, repurchase, or death of the insured (Art. 19 para. 2 AIA). 2.3 The transitional pension according to Art. 30 AIO is granted when no improvement in the state of health can be expected, but the InvIA decision on vocational rehabilitation is still pending. This pension is replaced by the commencement of InvIA daily allowances. 3.1 The CNA argued that the ordinary pension should be treated similarly to the transitional pension if InvIA daily allowances are paid. It invoked the principle of equal treatment and the need to avoid overcompensation. 3.2 The Federal Supreme Court rejected this argument. The transitional pension and the ordinary pension are subject to different regulations. The ordinary pension cannot be canceled due to InvIA daily allowances unless one of the conditions mentioned in Art. 19 para. 2 AIA is met. 3.3 Art. 68 GSSLA allows the receipt of daily allowances and pensions from various social…