Rejection of the Late Appeal Against a Reconsideration Decision of the Accident Insurance

Facts

Insured person [R.] filed an appeal on 11 December 2012 against a reconsideration decision of the ÖKK Health and Accident Insurance AG dated 20 September 2012. The Social Insurance Court of the Canton of Zurich, in a decision dated 21 December 2012, did not enter into the appeal, as it had been filed late. [R.] subsequently filed an appeal with the Federal Supreme Court, requesting that the cantonal court be obliged to examine the merits of her appeal of 11 December 2012. The ÖKK was the respondent in the appeal.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that according to Art. 60 para. 1 GSSLA, the appeal to the cantonal court must be filed within 30 days of the notification of the reconsideration decision. Until the end of 2006, there was a 3-month appeal period for accident insurance, but this was abolished without replacement on 1 January 2007.

The appeal of 11 December 2012 was therefore filed late, as it did not occur within the 30-day period pursuant to Art. 60 para. 1 GSSLA. Although the legal remedy instruction in the ÖKK's reconsideration decision had indicated a 3-month deadline, which was incorrect. However, the appellant, who was represented by a lawyer,…