Claimant v. Compensation Office: Causality in COVID-19 Loss of Earnings Claims
Switzerland · Canton of Schwyz (CH-SZ)
Legislator summary
AI generatedA claimant appealed a decision by the compensation office to reclaim benefits received under the COVID-19 loss of earnings compensation scheme, arguing that the required causal link between the inability to work and the official protective measures imposed due to the pandemic was missing because their business operations were only marginally affected. The court ruled that the law mandated a direct causal connection between the official protective measure (e.g., closure or restriction) and the claimant's resulting inability to work, which the claimant failed to establish, thus affirming the office's decision to reclaim the overpaid benefits.
Legislator headnote
AI generatedClaimant v. Compensation Office: Causality in COVID-19 Loss of Earnings Claims: The court ruled that the law mandated a direct causal connection between the official protective measure (e.g., closure or restriction) and the claimant's resulting inability to work, which the claimant failed to establish, thus affirming the office's decision to reclaim the overpaid benefits.
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\n\n| | | |\n II 2023 62 |\n |\n \n\n
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\n\n| | | |\n |\n Entscheid vom 30. Oktober 2023 |\n \n\n
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\n\n| | | |\n Besetzung |\n Dr.iur. Vital Zehnder, Vizepräsident |\n \n|\n |\n Dr.oec. Andreas Risi, Richter Dr.iur. Frank Lampert, Richter |\n \n|\n |\n MLaw Manuel Gamma, Gerichtsschreiber |\n \n\n
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\n\n| | | |\n Parteien |\n A.________, Beschwerdeführerin, |\n \n|\n |\n gegen |\n \n|\n |\n Ausgleichskasse Schwyz, Rechtsdienst, Postfach 53, 6431 Schwyz, \n Vorinstanz, |\n \n\n
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\n\n| | | |\n Gegenstand |\n Erwerbsersatzordnung (Covid-19 Erwerbsersatz; Rückforderung) |\n \n\n
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