Question juridique clé
Whether the insurer had to set a time limit to cure the missing signature/authorization on the opposition filed by the insured's physician.
Solution extraite
Yes. The written submission met the substantive requirements of an opposition, and the missing signature/authority was a curable defect requiring a grace period under Art. 10(5) ATSV.
Motifs extraits
The physician's letter, received within the opposition period, clearly expressed disagreement with the decision and was to be understood as filed on the insured's behalf. A missing signature or power of attorney is a remediable formal defect, and the cure period may extend beyond the statutory appeal deadline absent abuse.