Kernrechtsfrage
Whether the transitional compensation could be recovered as unlawfully paid after the insured was found fully disabled from 1 April 2005.
Extrahierter Entscheid
Yes. The claimant did not meet the substantive conditions for transitional compensation from 1 April 2005 because he had no remaining earning capacity to be protected or facilitated in the labor market.
Extrahierte Begründung
Transitional compensation under Art. 84 UVG and Art. 86 VUV presupposes that the insured remains significantly impaired in economic advancement despite retained earning capacity. The IV findings showed 100% incapacity and no feasible return to work, so the payment was not due and could be reclaimed under Art. 25 ATSG.