Questione giuridica chiave
Whether the cantonal appeal should have been treated as timely despite being filed after the ordinary deadline.
Decisione estratta
Yes. The incorrect date on the decision could reasonably mislead the insured person about the appeal deadline, so the filing error was excusable and the cantonal court had to enter into the merits.
Motivazione estratta
A non-fault delay exists where a party is prevented by an excusable mistake. Here the decision was dated one day later than its actual dispatch, and the appellant could in good faith rely on the dated decision and the postal handling of a registered letter. The error was therefore excusable under the principle of good faith and the prohibition of excessive formalism.