Facts
The Federal Court had to decide on an application for revision by [P.] against a judgment of the Federal Insurance Court of 28 November 2001. [P.] had filed an application for revision because he suffered from epileptic disorders in December 2006, which he attributed to an accident on 5 September 1994. The Swiss Accident Insurance Fund (SUVA) had rejected his claims for benefits.
The Federal Insurance Court had established in its judgment of 28 November 2001 that there was no evidence of organic brain damage that could be considered as an explanation for the health problems. [P.] applied for revision of this judgment and argued that the epileptic disorders that occurred in December 2006 constituted new facts that justified a revision.
Considerations
The Federal Court examined whether the conditions for a revision of the judgment of 28 November 2001 were met. It found that the revision procedure had to be conducted in accordance with the Federal Court Act (FSCA) as of 1 January 2007. The court concluded that the revision is only admissible if a ground for revision under Art. 121 ff. FSCA exists.
The Federal Court examined the alleged ground for revision under Art. 123 para. 2 lit. a FSCA, according to which a revision can be requested if the requesting party subsequently discovers significant facts or finds decisive evidence that it could not…