Question juridique clé
Whether Article 82(1) LPGA requires reopening and recalculating survivors' benefits reduced before 1 January 2003 under former Article 37(3) LAA.
Solution extraite
No. Article 82(1) LPGA does not compel a retrospective reassessment of survivors' benefits reduced by final decision under the former Article 37(3) LAA.
Motifs extraits
The legislature intended the LAA derogation to preserve the pre-existing sanction regime, especially for drunk-driving cases. The administrative recommendation favoring no reduction for survivors cannot override the statutory scheme or the legislator's intent, and Article 82(1) mainly concerns cases of survivor fault under repealed Article 38 LAA.