Not entering an appeal against an interim decision in an accident insurance case

Facts

The Swiss Accident Insurance Institution (SUVA) lodged an appeal against the decision of the Insurance Court of the Canton of St. Gallen of 6 March 2009. The Insurance Court had received the appeal of [S.] of 3 February 2009 against the decision of the SUVA of 23 December 2008 as timely and had entered into the appeal. The SUVA requested that the contested decision be set aside and the application of the appellant for reinstatement of the appeal period that had expired on 2 February 2009 be rejected.

The parties are the Swiss Accident Insurance Institution (SUVA) as the appellant and [S.] as the respondent. The decision of the Insurance Court of the Canton of St. Gallen of 6 March 2009 is the subject of the proceedings.

Considerations

The Federal Court had to examine whether the contested decision of the Insurance Court of the Canton of St. Gallen was to be qualified as a final decision or as an interim decision. It came to the conclusion that it was an interim decision, as the question of the timeliness of the appeal or the reinstatement of the appeal period could be raised in the context of an appeal against the final decision before the Federal Court.

The Federal Court further examined whether the requirements for an appeal against the cantonal decision pursuant to Art. 93 Abs. 1 lit. a or b FSCA were met. It came to the conclusion that the requirements were not met, as the approval of the appeal would immediately lead to a final decision, but would not save significant time or costs for an extensive evidence procedure.

The…