Jugement Kantonsgericht (VD - 2020/4)

Canton:	VD
Case number:	2020/4

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/4 vom 12.03.2020 (VD)

Date:	12.03.2020
Force of law:	-

Summary:	A painting assistant who suffered a serious brain injury in an accident at work receives a disability pension. The pension is set at 90% of the insured earnings. The pension is payable for life. The accident insurer must also pay the insured for the costs of rehabilitation. The verdict is final. More detailed summary: The painter's assistant A. B. suffered a serious brain injury in an accident at work on October 15, 2018. He had to be put into a coma and has been in need of care ever since. The Accident Insurance Fund (UVK) rejected the insured's application for a disability pension. She found that the brain injury was not due to the accident at work. The insured filed a complaint with the Federal Insurance Court (EVG). The ECG accepted the insured's complaint and awarded him a disability pension of 90% of the insured's earnings. The ECG found that the brain injury was clearly due to the accident at work. The UVK had not provided the burden of proof that the injury would have occurred even without the accident. The verdict is final. More details: The insured person was 31 years old at the time of the accident and had an insured salary of CHF 4000 per month. The costs for the rehabilitation of the insured amount to over CHF 100000. The ECG has obliged the UVK to cover these costs.
Rule of Law:	Art. 1 LAA;Art. 10 LAA;Art. 100 LTF;Art. 123 CPC;Art. 16 LAA;Art. 18 LP;Art. 4 LP;Art. 6 LAA;Art. 60 LP;
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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