Questão jurídica principal
Whether the federal appeal could rely on a new allegation of temporary mental incapacity to challenge the cantonal decision.
Decisão extraída
The new factual allegation was inadmissible on federal appeal because it differed from the facts found below and was not shown to fall within an exception.
Fundamentação extraída
The cantonal court had found that the appellant merely claimed she could not collect the decision because she was away on holiday. That finding was not disputed. The newly asserted acute psychological impairment was therefore a new factual presentation barred by Art. 99(1) BGG.