Facts
In this case, it was about an appeal against a decision of the Compensation Fund of the Canton of Zurich and the OASIA Appeals Commission of the Canton of Zurich. The FJA had to assess whether the appeal in the first instance met the legal requirements.Considerations
According to Article 108(2) of the Federal Act on the Organisation of the Federal Judiciary (FJA), a letter of appeal must contain the claims and their justification. If the claims or the justification are not clear and the appeal is not obviously inadmissible, the appellant must be granted a short additional deadline to remedy the deficiency in accordance with Article 108(3) FJA. However, the setting of a deadline by the Federal Insurance Court is excluded if the appeal does not contain any claims or justification at all. These must be submitted - even if only summarily - within the deadline of Article 106(1) FJA.
For the proceedings in the first instance, Articles 84-86 of the Federal Act on Old-Age and Survivors' Insurance (OASIA) are to be applied mutatis mutandis in accordance with Article 69 of the Federal Act on Disability Insurance (InvIA). According to Article 85(2)(b) OASIA, an appeal must contain a concise presentation of the facts, a legal claim, and a brief justification. If an appeal does not meet these requirements, the appeals authority must set an appropriate deadline for improvement, with the threat that otherwise the appeal will not be…