Jurisdiction of the cantonal insurance court at the insured's place of residence for appeals against objection decisions

Facts

H., born in 1935 and residing in the canton of Thurgau, was insured with the Swiss Accident Insurance Institution (SUVA) against the consequences of accidents and occupational diseases. After two accidents in 1991 and 1995, SUVA rejected its obligation to provide benefits for right shoulder complaints in a ruling dated September 13, 1996. The objection filed by SWICA Health Organization, Winterthur, as H.'s health insurer, was rejected by SUVA in a decision dated December 23, 1996.

SWICA then filed a complaint with the Administrative Court of the Canton of Thurgau. SUVA raised the plea of lack of local jurisdiction of this court, as it was of the opinion that the Social Insurance Court of the Canton of Zurich was competent.

Considerations

The Federal Court explains in its reasoning that according to Article 107 paragraph 2 of the Federal Law on Accident Insurance (UVG), the insurance court of the canton in which the person concerned has their place of residence is competent to assess appeals against objection decisions. The insured person themselves, whose insurance benefits are at issue or whose insured status is disputed, is to be understood as the "person concerned" within the meaning of this provision.

An extension of the connecting factor to other parties involved, such as the complainant health insurer, does not correspond to the intention of the legislator. Rather, the legislator wanted to…