Appeal of the SUVA, Military Insurance Division, against party compensation

Facts

A., born in 1989, suffered a supination trauma to the right foot during military service on May 28, 2011. The SUVA, Military Insurance Division (SUVA-MV), implicitly recognized the insurance case. On December 30, 2015, A. suffered a skiing accident, after which pain persisted in the right upper ankle joint. On September 26, 2016, a surgical resection of disturbing ossifications at the right medial malleolus was performed. A. filed claims for benefits with Allianz Suisse Insurance Company AG and SUVA-MV due to possible late effects of the 2011 accident. Allianz and SUVA-MV rejected their obligation to provide benefits.

The Administrative Court of the Canton of Bern dismissed A.'s appeal, but obliged SUVA-MV to pay A. a party compensation of CHF 3,610.15, as its clarification of the facts had been insufficient.

SUVA-MV appeals in public law matters and requests that the contested decision regarding the party compensation be overturned.

Considerations

The Federal Court first examines the SUVA-MV's right to appeal. According to Art. 89 para. 1 BGG, the right to appeal in public law matters is granted to anyone who has participated in the proceedings before the lower instance, is particularly affected by the contested decision, and has a legitimate interest in its revocation or amendment. Since the insurance-technical risk remains with the Confederation, however, SUVA-MV cannot assert its own financial interest and is therefore not entitled to appeal under Art. 89 para. 1 BGG.

The Federal Court further examines whether SUVA-MV is entitled to appeal based on Art.…