Question juridique clé
Whether the sickness daily-benefit insurer owed additional payments by starting the 180-day waiting period earlier and/or including employer flat expenses in the coordination calculation.
Solution extraite
No. The insured person's remaining incapacity was attributable to accident consequences already covered by accident insurance; a sickness daily-benefit claim exists only for disease-related incapacity, and Art. 128 UVV does not create an independent cumulative entitlement here.
Motifs extraits
The court held that health impairments qualifying as accident consequences cannot simultaneously be treated as disease for KVG purposes. Art. 128 UVV is only a coordination rule for disease occurring during stationary treatment of accident consequences and does not extend sickness coverage beyond disease-related incapacity.