Key legal question
Whether the cantonal court could uphold the pension reduction on a substituted revision ground without hearing the insured person first.
Extracted holding
No. Because the court relied on a new factual and legal basis that the parties had not addressed and could not reasonably expect, the insured person's right to be heard was violated.
Extracted reasoning
The right to be heard includes the right to comment before a decision rests on an unanticipated legal basis or on a materially different assessment of the facts. The lower court introduced an improvement of health and work capacity as the decisive reason, although the parties had proceeded on the assumption of deterioration. This required prior notice and an opportunity to respond.