Question juridique clé
Whether the retroactive revision of the helplessness allowance was lawful under Art. 53(1) ATSG
Solution extraite
The revision was permissible because the surveillance material and later court expert opinion constituted new evidence showing that no qualifying helplessness had existed.
Motifs extraits
The court accepted the expert opinion as fully probative and held that the insurer complied with the revision period; the allowance had originally been granted on a clearly incorrect factual basis.