Facts
The case concerns the question of whether the appellant is entitled to free legal representation in the appeal procedure pursuant to Art. 105 para. 1 AOIA. The Federal Social Insurance Court had not yet decided this question.
The Court finds that there are no compelling reasons that would preclude the analogous application of the case law from BGE 114 V 228 for the hearing procedure in disability insurance to the appeal procedure in accident insurance. Even in the appeal procedure under Art. 105 para. 1 AOIA, complex legal or clarification issues may arise that may require the impecunious insured to be represented by a lawyer.
The same restrictions must be observed as the Federal Social Insurance Court has laid down in BGE 114 V 228 for the entitlement to free legal representation in the hearing procedure of disability insurance. In particular, a strict standard must be applied to the necessity of legal representation.
Considerations
The Court concludes that in the appeal procedure pursuant to Art. 105 para. 1 AOIA, there is a direct entitlement to free legal representation arising from Art. 4 FC, provided that the material and temporal requirements mentioned in BGE 114 V 228 are met.
The fact that according to Art. 130 para. 2 sentence 2 OAIO, there is no…