Facts
V., born in 1956, worked as a kitchen assistant in the M. restaurant since 10 April 1994 and was compulsorily insured with Allianz Suisse Versicherungs-Gesellschaft (Allianz) against the health and occupational consequences of occupational and non-occupational accidents as well as occupational diseases. On 10 October 2000, V. was hit by a passenger car on a pedestrian crossing and suffered a complex right knee joint injury. Allianz denied the entitlement to an invalidity pension from the accident insurance. In October 2001, V. also applied for a pension from the IV, which the IV-Stelle of the Canton of Zurich also rejected. V. then filed a complaint against both decisions with the Social Insurance Court of the Canton of Zurich. This court stayed the appeal proceedings regarding an invalidity pension from the accident insurance until the final settlement of the proceedings regarding a pension from the IV. Allianz filed an administrative court appeal against this stay and the decision on the entitlement to an invalidity pension from the IV.Considerations
The Federal Supreme Court states that the accident insurer (Allianz) has no legitimate interest within the meaning of Art. 103 let. a FJA to appeal against the decision on the entitlement to an invalidity pension from the IV. The IV's assessment…