Facts
The Federal Social Insurance Office (BSV) filed an appeal against a dismissal decision of the cantonal insurance court, which had approved a settlement between the compensation fund and K. regarding compensation claims under Art. 52 AHVG.
The Federal Court decided that even under the ATSG regime, a settlement on compensation claims under Art. 52 AHVG is admissible in court appeal proceedings. This results from a historical and teleological interpretation of Art. 50 ATSG. In contrast to contribution disputes, compensation claims often involve discretion on the facts and scope for disposition, which makes a settlement arrangement reasonable.
Considerations
The Federal Court also clarified that the decision by which a court dismisses the proceedings due to a settlement must…