Unmotivated opposition declared inadmissible in social insurance

ATA/287/1998Tribunal de Justiça / Câmara Administrativa19 de mai. de 1998Dismissed

Extraído pela Omnilex

Resumo Omnilex

An insured person challenged the accident insurer's refusal to enter into the opposition because the opposition had not been motivated within the deadline. The court held that the opposition was indeed unmotivated in time and that the insurer therefore correctly declared it inadmissible. The appeal was dismissed.

Sumário Omnilex

LAA 105; opposition procedure in social insurance; timeliness and motivation of opposition: an opposition that is not reasoned within the prescribed deadline may be declared inadmissible. Where the party fails to cure the lack of motivation in time, the administrative authority is entitled to issue a non-entry decision; the reviewing court will uphold that decision if the procedural default is established.

Texto completo

Descripteurs

ASSURANCE SOCIALE; AM; OPPOSITION(PROCEDURE); PROCEDURE ADMINISTRATIVE; MOTIVATION; ASSU

Normes

LAA.105

Résumé

C'est à juste titre que la caisse a déclaré irrecevable l'opposition de son assuré dès lors qu'elle n'a pas été motivée dans le délai imparti.

Palavras-chave

social insuranceopposition procedureinadmissibilitymotivationdeadline

Extraído pela Omnilex

Questões jurídicas principais extraídas pela Omnilex

Questão jurídica principal

Whether the opposition was inadmissible because it was not motivated within the deadline.

Decisão extraída

Yes. The opposition was not motivated within the period granted, so the fund correctly declared it inadmissible.

Fundamentação extraída

The court accepted that the procedural duty to provide reasons was not fulfilled in time, which justified non-entry on the opposition.

Unmotivated opposition declared inadmissible in social insuranceGerado por IA