Jugement Kantonsgericht (VD - 2020/136)

Canton:	VD
Case number:	2020/136

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/136 vom 02.04.2020 (VD)

Date:	02.04.2020
Force of law:	-

Summary:	The plaintiff, an employee, fell off a ladder in her spare time and suffered a serious accident. The plaintiff applied for a pension from the Swiss Accident Insurance Institution (SUVA) because she was no longer able to work as a result of the accident. SUVA rejected the application because the accident had taken place during leisure time. The insurance court proved the plaintiff right and found that the accident could have happened in the course of her professional activities as well. The applicant is therefore entitled to a pension from SUVA. More detailed summary: The plaintiff, A. L._______, had been employed by P.________ since 1990 and was insured against accidents at work there. On November 15, 2018, she fell off a ladder in her spare time and suffered a serious accident. As a result of the accident, she has since been unable to work and is receiving a disability pension. The applicant applied to SUVA for a further pension, as she is also unable to work as a result of the accident. SUVA rejected the application because the accident had taken place during leisure time. The plaintiff filed an appeal against SUVA's decision with the Insurance Court. The insurance court proved the plaintiff right and found that the accident could have happened in the course of her professional activities as well. The court stated that the plaintiff, as a trained gardener, regularly worked with ladders. The accident occurred when the plaintiff used a ladder in her spare time to climb onto a roof. The court came to the conclusion that the plaintiff, due to her professional activity, had an increased risk of falling off a ladder in her free time. The applicant is therefore entitled to a further pension from SUVA. The pension is calculated on the basis of the average income of the applicant for the last five years before the accident.
Rule of Law:	Art. 1 LAA;Art. 100 LTF;Art. 45 LP;Art. 53 LP;Art. 55 LP;Art. 60 LP;Art. 67 PA;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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