Question juridique clé
Whether the insured could validly waive accident insurance pension benefits under the transitional legal framework
Solution extraite
No. Because the decisive accident occurred in 2002, before the ATSG entered into force, the pre-ATSG rules applied; the prior subrogation regime prevented a later unilateral waiver of the insurer's benefits.
Motifs extraits
The relevant legal situation is determined by the time of the accident, not by the later pension decision. Under the pre-ATSG regime, subrogation occurred by law at the time of the accident, and the insured lost the subrogated claims. A waiver could only have been effective with the consent of all involved parties and proper acknowledgment by the insurer, which was not the case.