Applicability of the suspension of time limits under Art. 38 para. 4 ATSG to the three-month appeal period pursuant to Art. 106 UVG

Facts

Z. suffered a traffic accident on August 28, 2002. The Swiss Accident Insurance Fund (SUVA) reduced the daily allowance benefits by 10% due to gross negligence. Z. filed an appeal against the decision on the objection of March 21, 2003 on July 7, 2003. SUVA requested a non-entry, as the appeal was filed late. The Cantonal Court of Basel-Landschaft entered into the appeal.

SUVA filed an administrative court appeal with the request that the first instance appeal be declared as not filed in a timely manner. Z. requested that the administrative court appeal not be entered, or alternatively, that it be dismissed.

Considerations

The Federal Court considered that according to Art. 1 para. 1 UVG, the provisions of the ATSG are applicable to accident insurance, unless the UVG expressly provides for a deviation. Art. 106 UVG provides for a three-month appeal period, while Art. 60 para. 1 ATSG generally provides for a 30-day appeal period.

The Federal Court concluded that the suspension of time limits under Art. 38 para. 4 ATSG also applies to the three-month appeal period pursuant to Art. 106 UVG. This results from the wording, the materials, and the systematics of the ATSG, which aim at a unification of the procedural rules.

However, in the present case, it must be taken into account that the canton of Basel-Landschaft does…