Questione giuridica chiave
Whether a widow's survivor pension under the Accident Insurance Act can be calculated using a fictive insured income when the deceased had already been receiving disability and old-age pensions before the occupational disease declared itself.
Decisione estratta
Yes. The insured earnings are determined from the last salary earned while still covered by accident insurance, then adjusted for wage development and inflation; prior disability or old-age pension status does not bar the survivor pension.
Motivazione estratta
The Court relied on its settled case law filling a statutory gap for latent occupational diseases. The decisive factor is coverage during exposure, not coverage at the time of manifestation. Denying the pension would create incoherence and unjustified unequal treatment.