Decision on the Taking of Evidence by the Disability Insurance Commission

Facts

The case concerns an appellant who has filed a complaint with the Federal Supreme Court against a ruling of the Compensation Fund of the Carpenters, Furniture and Timber Industry and the subsequent decision of the Administrative Court of the Canton of Lucerne.

The Disability Insurance Commission had obtained information from the President of the Cantonal Association of Master Carpenters to clarify the legally relevant facts, in order to determine the proportion of the appellant's managerial functions. However, this information was obtained only orally and by telephone and recorded in a file note.

Considerations

The Federal Supreme Court states that, in principle, the administration may only obtain written information or conduct a formal hearing of the informant, granting access to the file and the possibility of participation by the person concerned, when taking evidence on essential points of the legally relevant facts. A mere oral or telephone information, which is only recorded in a file note, does not meet the requirements for proper taking of…