Final Decision of the Appeals Commission of the Swiss National Accident Insurance Fund Regarding the Classification of a Company in a Risk Class

Facts

The Swiss National Accident Insurance Fund assigned the company Bosi to a higher risk class by decision of October 21, 1982. On June 27, 1983, the Appeals Commission IV of the Board of Directors of the National Fund rejected the appeal filed by the company and stated that its decision was final and binding on the courts (Art. 105 LAMA). This decision was notified to the company on May 14, 1984.

The company Bosi filed an administrative law appeal against this decision, concluding to its annulment. The National Fund primarily concluded to the inadmissibility of the appeal, subsidiarily to its rejection.

Considerations

The Federal Insurance Court considered that, under the LAMA, the administrative law appeal was not open against the decisions of the appeals commissions of the Board of Directors of the National Fund regarding the assignment of a company to a risk class, as these decisions were considered final (Art. 105 LAMA).

Although the new provisions of the LAA that entered into force on January 1, 1984 provide for an administrative law appeal against this type of decision, the Federal Court considered that the dispute was no…