Facts
G. (born in 1965) suffered an ischemic infarction on March 24, 1989, resulting in a left-sided motor hemisyndromes. After inpatient and spa treatment, he underwent occupational and physical therapy measures as part of his rehabilitation, which were initially covered by the Helvetia health insurance.
On June 14, 1989, G. applied to the Disability Insurance for medical integration measures. By decision of September 17, 1992, the Compensation Office of the Canton of Zurich rejected the claim for coverage of occupational therapy. This decision was served on the insured person, the treating physicians, and various implementing agencies, but not on the Helvetia health insurance. The Helvetia health insurance only learned of the rejection decision through the treating physician on July 13, 1993.
On August 10, 1993, the Helvetia health insurance filed a complaint against the rejection decision with the AHV Appeals Commission of the Canton of Zurich. However, the Appeals Commission did not consider the complaint, as it regarded it as being filed too late.
Considerations
The Federal Insurance Court concluded that the Disability Insurance had violated its reporting obligation under Art. 88ter IVV towards the Helvetia health insurance. Therefore, the health insurance could not be…