Decision of the Compensation Fund or Disability Insurance Commission in case of lack of cooperation by the insured person

Facts

The present Federal Court decision deals with the question of how the cantonal Compensation Funds and Disability Insurance Commissions can proceed if the insured person refuses or fails to provide the necessary and reasonable cooperation in a procedure that he himself has initiated or in which he can make independent claims.

The case concerns an insured person named Mätzler, who filed a complaint against decisions of the Compensation Fund of the Canton of Zurich and the AHV Appeals Commission of the Canton of Zurich. The Federal Court had to clarify whether the authorities in such cases can also issue a decision not to enter into the matter based on the files, instead of a substantive decision.

Considerations

The Federal Court states that according to Art. 72 para. 3 of the Ordinance on Disability Insurance (IVV), the Disability Insurance Commissions can decide based on the available files in case of lack of cooperation by the insured person. According to previous case law (BGE 97 V 173), this procedure is also applicable in cases under Art. 71 para. 1 IVV.

However, Art. 13 para. 2 of the Federal Act on Administrative Procedure (VwVG) is directly applicable only to the Swiss Compensation Fund, the Federal Compensation Fund and the two Federal Disability Insurance Commissions. Insofar as the cantonal Compensation Funds or Disability Insurance Commissions proceed in accordance with Art. 13 para. 2 VwVG by virtue of their own provisions or practice, this is not contrary to federal law.

The Federal Court states that Art. 72 para. 3 IVV and Art. 13 para. 2 VwVG are genuine "may-provisions" that do not…