Hearing cases in the Insurance Court
Hearing cases in the Insurance Court
Institution of proceedings in appeals matters
Appeals instructions are enclosed to the decision subject to appeal. These instructions explain the most important matters related to making an appeal. A petition of appeal is normally submitted to the company or institution entitled to grant the benefit. If it does not rectify its decision as requested by the applicant, the company or institution sends the letter of appeal, its enclosures and all other relevant material to the Insurance Court.
Drawing up a petition of appeal
In the petition of appeal it should be stated which parts of the the decision the appeal is directed at, the changes requested and the arguments for the appeal. In addition the applicant is requested to write his/her postal address in the petition of appeal. In case of an address change while the case is pending the applicant should inform the Insurance Court of the new address. Thus a possible delay in the delivery of the decision to the the applicant can be avoided. Apart from the above-mentioned matters a petition of appeal is informal.
Phases in hearing a case
Legal proceedings in a case are initiated when the relevant documents are recorded by the Registry Office of the Insurance Court. Thereafter an insurance court clerk makes a preliminary preparation of the case. As a general rule prepared cases are distributed to the referendaries in the order of initiation. On the basis of the documentation the referendary draws up a case promemoria and a draft decision. Thereafter the Court members, each in turn, study the case. When the chairman considers that it is mature for making a decision, he or she determines that a hearing shall be held and a decision shall be made in session.
The Chief Justice and the Senior Judges in their respective departments ensure uniformity of interpretation and application of the law. Cases involving important questions of principle may be heard and settled in enlarged session, or in plenum.
Decisions of the Insurance Court
The Court makes decisions in writing and they are sent to the parties. If a party has engaged an attorney, the decision is in principle sent only to him or her. No information about the Court's decisions is given before the decision and the related documents have been mailed. The decision and the documents are generally mailed within one month after a decision has been taken.
The Insurance Court hearing is terminated when the decision is mailed. No information about it is given before that. When the relevant pension institution, insurance company or other body that is a party in the case has received the Court's decision it shall take the measures imposed in that decision.
As a general principle the Insurance Court makes decisions by written procedure. However, the Court may order an oral hearing, either upon request by the applicant, or on the Court's own initiative when further clarification is required.
If the applicant considers that an oral hearing should be held, he or she shall make a written application. The applicant shall also explain the reasons why he or she thinks that an oral hearing is necessary and indicate the evidence that will be presented.
In an oral hearing the Court may hear the applicant, the company or institution that is the opposite party, as well as witnesses and experts. Other evidence may also be presented. The physician member of the Court does not undertake any medical examination of the applicant, neither in connection with the oral hearing, nor at any other time.
Updated on 27 August 2009