Question juridique clé
Whether, after a second insured accident aggravating an existing disability, the insurer could calculate one combined disability pension for both accidents under Art. 24 para. 4 OLAA.
Solution extraite
Yes. When the same insurer covers both accidents, a single pension must be calculated on the basis of one insured salary under Art. 24 para. 4 OLAA.
Motifs extraits
The rule for successive accidents requires a global assessment of the insured's situation and prevents double compensation; the challenged pension was also based on the statutory maximum insured earnings, so the rule did not disadvantage the insured in practice.