Questão jurídica principal
Whether the retroactive revision of the helplessness allowance was lawful under Art. 53(1) ATSG
Decisão extraída
The revision was permissible because the surveillance material and later court expert opinion constituted new evidence showing that no qualifying helplessness had existed.
Fundamentação extraída
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.