Facts
The 1967-born [A.] , applicant, requested a disability pension from the INO of the Canton of Zurich. The INO denied the claim by decision of 22 November 2004 and appeal decision of 20 April 2005, based on the report of the Medical Expertise Institute [Y.] of 15 July 2004. The Social Insurance Court of the Canton of Zurich confirmed this by decision of 29 May 2006. The FSCA dismissed the administrative appeal filed against it by decision of 25 October 2006.
[A.] filed a request for revision on 26 September 2007, based on a newly available interdisciplinary report of the Independent Medical Expertise Centre [X.] of 16 June 2007. The INO and the Federal Social Insurance Office (BSV) requested the dismissal of the request for revision.
Considerations
The Federal Court examined the merits of the request for revision according to the relevant articles of the FSCA. The request for revision was based on the ground for revision according to Art. 123 para. 2 lit. a FSCA, whereby the revision of a decision of the Federal Court in public law matters can be requested if the requesting party subsequently learns of significant facts or discovers decisive evidence that it could not submit in the previous proceedings.
The Federal Court came to the conclusion that the report of the Independent Medical Expertise Centre [X.] of 16 June 2007 does not contain any new, legally relevant findings that could change the judgment on residual working capacity and disability. The facts presented in the report are not suitable to…