Question juridique clé
Whether, under Art. 23 Abs. 3 UVV, the average daily insured earnings for an irregularly employed worker should be calculated over the last three months before the accident, even if one month was spent abroad and not insured.
Solution extraite
Yes. The relevant period is the last three months before the accident; a month spent abroad does not exclude that month from the averaging period.
Motifs extraits
Art. 23 Abs. 3 UVV aims to determine an appropriate average daily wage for irregular employment and is not limited to periods in which Swiss compulsory insurance earnings were generated. Using the full three-month period also serves equal treatment and the equivalence principle.