Question juridique clé
Whether the insured could compel the accident insurer to buy out his disability pension under Art. 35 LAA.
Solution extraite
No. Buyout is a discretionary power of the insurer, not an enforceable right of the insured, and the court will not normally impose it against the insurer's will.
Motifs extraits
Art. 35 LAA allows mandatory buyout only for low monthly pensions below the statutory threshold; otherwise buyout requires the insured's consent and safeguarding of long-term interests. The insurer did not abuse its discretion by preferring a monthly pension, and the requested partial buyout has no statutory basis.