Facts
The insured person, born on July 6, 1972, suffers from motor disorders due to Recklinghausen's neurofibromatosis with a status after extirpation of a right optic neurinoma and macrocephaly. The Disability Insurance provided cost approval for psychomotor therapy from March 5, 1979 "until the end of the 1979/80 school year". A request for an extension of this order was rejected by the Compensation Fund of the Canton of Zurich on the grounds that cost approval for psychomotor therapy can only be granted up to the age of 8 and only if the psychomotor disorders are attributable to congenital cerebral disorders within the meaning of No. 390 GgV.
The AHV Appeals Commission of the Canton of Zurich obliged the Compensation Fund to pay for the psychomotor therapy required due to congenital defects No. 481 GgV (neurofibromatosis) until September 1980.
The Federal Office of Social Insurance filed an administrative court appeal with the request that the lower court's decision be overturned and the fund's order of May 30, 1980 be reinstated.
Considerations
The Federal Insurance Court found that psychomotor therapy as a medical measure within the meaning of Art. 13 IVG is to be granted not only for the congenital defects No. 390 and 404 GgV, but also for early childhood primary psychoses (No. 401 GgV). It is also considered in the case of (non-congenital) cerebral palsies as a result of brain tumors (No. 384 GgV) or neurofibromatoses (No. 481 GgV), provided that the requirements applicable under No. 390 GgV are met.
If a neurofibromatosis…