Kernrechtsfrage
Whether SUVA could reduce the disability pension under Art. 36(2) UVG because the accident and a pre-existing degenerative cervical condition jointly caused the disability.
Extrahierter Entscheid
The reduction was unlawful because the insured was fully employable at the time of the accident and the later disability resulted from a jointly caused and overlapping neck/head condition; the pre-existing condition had not impaired earning capacity before the accident.
Extrahierte Begründung
Art. 36(2) UVG applies only where the accident and the non-insured condition together cause the same health impairment, and the pre-existing condition must already have affected earning capacity before the accident. Here, the cervical degeneration was asymptomatic before the accident and the accident remained a material causal factor.