Key legal question
Whether a person injured before retirement remains entitled to UVG daily allowances after pension age when the accident-related incapacity continues or recurs after surgery.
Extracted holding
Yes. Once the accident-related right to daily allowances has arisen, the later lack of actual wage loss due to retirement does not end the claim; the decisive point is the accident-related incapacity, not a current earnings loss.
Extracted reasoning
The court relied on its recent case law holding that the UVG daily allowance is abstractly calculated and tied to the insured accident and resulting incapacity. Article 16(2) UVG exhaustively lists the events ending the entitlement; the later disappearance of a concrete wage loss is not among them. This also applies where a second period of incapacity is causally linked to an operation necessitated by the accident before retirement.