Consideration and examination and decision-making in the Insurance Court

Institution of proceedings in appeals matters

Appeals instructions are appended to the decision subject to appeal. These instructions explain the most important matters how to appeal. An appeal document 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 appeal document, its appendices and all other relevant material to the Insurance Court.

The appeal may be presented in free form. However, it shall always indicate:

1. Which decision is the subject of the appeal (decision subject to appeal)
   
   
2. The amendments demanded (demands)
   The appeal shall state at what points the decision is appealed against and what changes are demanded to be made to it. In this way, the Administrative Court can give a decision on precisely the part of the decision that the appellant considers to be incorrect. Otherwise, the appeal must be made as clearly as possible.
   
   
3. Grounds for the appeal
   The grounds may be presented in free form. In his or her reasons, the appellant seeks to prove that his or her demand is correct. If the decision under appeal is not directed at the appellant himself, he or she shall state in the appeal the basis on which the right of appeal is based.
   
   
4. The appellant’s name and contact information
   The appeal document shall state the name and contact information of the appellant, i.e. the address and telephone number. The municipality of residence of the appellant should also be notified. If the appellant is represented by someone else, such as an attorney, the contact information of him or her shall also be provided. Any change in the contact information shall be notified without delay to the administrative court when the appeal is pending.
   
   The appeal shall also indicate the postal address and any other address (e.g. e-mail address) to which the procedural documents may be sent (process address). If the appellant has provided more than one procedural address, the Administrative Court may choose which of the addresses it submits the documents relating to the proceedings.

The appeal shall be accompanied by the following documents:

1. Decision subject to appeal with appeal instructions, original or copy
2. Proof of when the appellant has been notified of the decision, for example a copy of then acknowledgment of receipt or other explanation of the date of commencement of the appeal period.
3. Documents invoked by the appellant in support of his or her demands. If the documents have already been submitted to the issuing authority, they need not be appended to the appeal.

Phases in examination and decision-making

In the Insurance Court cases shall be considered in a written procedure writing on the basis of an appeal, a decision appealed against and other trial materials.

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 referendary in order of initiation. On the basis of the documentation, the referendary draws up a case promemoria and a draft decision. The court members then study the case in turn. When the chair considers that the case is ready for a decision, they order that a hearing be held and a decision be made. The date of the decision is not announced separately. A decision in the case ends the proceedings before the Insurance Court.

Oral hearing

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, they must make a written application. The applicant must also explain the reasons why they think that an oral hearing is necessary and indicate the evidence that will be presented.

At an oral hearing, the Court may hear the applicant, the company or institution that is the counterparty, as well as witnesses and experts. The physician member of the Court may not undertake any medical examination of the applicant, either in connection with the oral hearing or at any other time.

Decision-making without a court session

A case may be decided without session of the court members of the decision-making panel after all the court members of the decision-making panel have examined the documents and are in agreement, have approved the draft decision and the reasons for it, and no member has requested that a session be held. The chair of the decision-making panel, after reading the opinions of the other members of the panel, must confirm the case with their own electronic signature, either for deliberation at a session or, in the case of unanimity, for decision without a session.

Decision-making in a court session

The time at which the case is to be decided at a session is set by the chair. All the members involved in the case and the referendary must be present. The case is discussed at the session. If the members involved in the decision-making are not unanimous, the decision is put to a vote.

Decision of the Insurance Court

Decisions of the Insurance Court are finalised after the case has been resolved. 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 the attorney. No information about the Court's decisions is given before the decision and the related documents have been sent.

The Insurance Court´s process is terminated once the decision has been sent. When the relevant pension institution, insurance company or other body that is a party in the case has received the Court's decision, it initiates the measures imposed in the decision.

The Chief Justice and the head of departments in their respective departments shall supervise the uniformity of the application of legal principles and the interpretation of the law in the decisions issued by the department.

Deliberations of the decision-making panel

The deliberations of the members involved in the decision takes place without the public and the interested parties. The content of the deliberations must be kept secret. The period of secrecy is 80 years from the date the case was brought before the Insurance Court.