Question juridique clé
How is the insured earnings base for accident insurance daily allowances determined when the last wage month was unusually low because of unpaid leave?
Solution extraite
The insured earnings base had to be set by reference to the usual earnings, not the exceptional low wage month, so the daily allowance calculation was correct only if based on the higher annualized wage.
Motifs extraits
The court held that Art. 23 UVV also covers a one-off low-wage phase; an accident occurring during such a period should not distort the daily allowance. A worker on unpaid leave who suffers an accident in the relevant wage period is comparable to cases of strong wage fluctuations, and the purpose of the special rules is to prevent unfair disadvantage.