Questione giuridica chiave
Whether the insurer's refusal to reopen its final opposition decision was unlawful under Art. 53(1) LPGA based on new medical evidence and alleged new facts.
Decisione estratta
The medical documents were new evidence showing a ligament tear, but the insured's later explanation of the incident was not a new fact that could not previously have been alleged with due diligence; revision was therefore not justified.
Motivazione estratta
Revision is subsidiary and cannot be used to cure an omission or to seek a new assessment of facts. The additional medical proof did not establish the missing external factor required for coverage, and the new description of lifting a heavier windshield could and should have been raised in the original proceedings.