Key legal question
Whether a refusal to enter on a reconsideration request under Art. 53(2) ATSG is appealable
Extracted holding
No judicial appeal lies against a non-entry decision on a reconsideration request; the insurer's choice to reconsider remains discretionary.
Extracted reasoning
Art. 53(2) ATSG preserves discretion for reopening final decisions. A challenge would serve no purpose because a fresh reconsideration request can be made at any time and no res judicata arises.