Rejection of the right of appeal of a health insurance fund against a rejecting pension decision of the Disability Insurance

Facts

By decision of 6 February 1986, the Compensation Fund of the Canton of St. Gallen denied the insured person Wilhelm K.'s claim to a half disability pension. The Swiss Company Health Insurance Fund (SBKK), which had paid sickness benefits to the insured person until his retirement, then requested the service of the decision in order to be able to reclaim part of the sickness benefits in the event of a pension being granted due to over-insurance. The SBKK filed an appeal against the rejecting pension decision, which the Insurance Court of the Canton of St. Gallen, however, did not accept for consideration, as it denied the SBKK's right of appeal.

Considerations

The Federal Insurance Court examined whether the SBKK had the right of appeal within the meaning of Art. 103 lit. a of the Federal Act on the Organization of Federal Jurisdiction (OG). It concluded that the SBKK as a third-party appellant had no legitimate interest in the revocation or amendment of the rejecting pension decision.

The court explained that according to the case law, a third party is only entitled to appeal if it is affected by the contested decision more than anyone else and stands in a special, noteworthy, close relationship to the matter in dispute. The SBKK's purely pecuniary interest in a possible reclaim of sickness benefits in the event of a pension being granted was considered not to be immediate and concrete…