Facts
The Italian national Andrea [C.], residing in Italy, suffered severe injuries in a work accident in Switzerland on December 28, 1983, from which he died on January 9, 1984. Andrea [C.] was insured with the Italian Accident Insurance Institution (INAIL). The KSW billed the treatment costs of CHF 33,155.40 according to the cantonal tariff schedule I for foreign patients residing abroad. However, SUVA demanded that the tariff agreement concluded between SUVA and KSW with a full lump-sum rate must be applied.
The KSW obliged SUVA by order of January 10, 1985 to pay the invoice amount. SUVA then filed an appeal, which was rejected by the Directorate of Health of the Canton of Zurich. SUVA filed an administrative court appeal against this decision with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the dispute between SUVA and KSW falls within the material jurisdiction of the cantonal arbitration tribunal according to Art. 57 of the Federal Law on Accident Insurance (UVG). This applies regardless of the fact that Andrea [C.] was not a SUVA insured person, but an insured person of the Italian accident insurance, for whom SUVA provided benefits in kind according to the state treaty.
The Federal Supreme Court denies the authority of the KSW to unilaterally decide the dispute with SUVA by order. Since the resolution of the dispute falls within the jurisdiction of the arbitration tribunal, the order of the KSW must be declared null and void.…