No claim to prior disclosure of expert questions in social insurance proceedings

Facts

The Federal Office for Social Insurance and the Disability Insurance Office of Bern initiated a procedure to review the disability of a person. The person concerned applied for the questions to be addressed to the expert to be disclosed in advance, so that they could exercise their right to participate. The lower court did not consider this application.

The appellant justified the application by stating that they could only verify whether another expert opinion was necessary, whether the designated doctor was professionally competent, and whether the questions planned were suitable for clarifying the remaining uncertainties.

Considerations

The court found that the social insurance procedure is conducted under the GSSLA. Art. 44 GSSLA does not regulate the question of expert questions itself, but refers in Art. 55 para. 1 GSSLA to the analogous application of Art. 37, 39 to 41 and 43 to 61 FCPA.

The court has however decided that Art. 44 GSSLA is conclusive for social insurance proceedings with regard to party rights regarding questions to experts and that the provision of Art. 19 APA in conjunction with Art. 57 para. 2 FCPA does not…