Facts
Renato Jakob, born in 1952 and employed as an automotive electrician, had to undergo lens extraction of his left eye in 1960. In 1970 and 1973, he suffered from herpes corneae and keratitis in his right eye. On May 2, 1977, the Compensation Fund of the Canton of Zurich rejected his request for cost coverage of two contact lenses. The Federal Insurance Court, in its judgment of June 1, 1978, determined that the requested contact lenses were neither a supplement to medical integration measures nor necessary due to high-grade irregular astigmatism or keratoconus.
On March 6, 1980, and November 10, 1980, the insured person again requested the provision of contact lenses, which was rejected by the Compensation Fund. The insured person then filed a complaint with the AHV Appeals Commission of the Canton of Zurich on January 5, 1981.
In the course of examining the complaint, the AHV Appeals Commission came across a medical certificate dated February 28, 1977, which had been submitted to the Disability Insurance Commission but not forwarded to the Federal Insurance Court. In its decision of February 11, 1983, the Appeals Commission stated that this certificate could be of decisive importance.
Considerations
The Federal Insurance Court examined whether the fact that the certificate dated February 28, 1977, was not forwarded to the court constitutes a ground for revision under Art. 137 lit. b OG.
The court concluded that this fact is to be considered "new" within the meaning of Art. 137 lit. b OG, as it could not…