Facts
Antoine B. was in receipt of a full disability pension from the disability insurance from May 1, 1979 to October 1, 1980, at which point this benefit was discontinued by decision of the Compensation Fund of the Swiss Association of Bakers and Pastry Chefs. Having submitted a new pension application on June 28, 1984, the Disability Insurance Commission of the Canton of Valais asked him to produce, at his own expense, a "detailed medical report". The insured person stayed at the Hospital of S. from November 12 to 16, 1984 to undergo medical examinations, but the commission refused to cover the bill of 1,425 francs related to these investigations. The insured person then requested the administration to issue a formal decision on this matter.
By decision of April 18, 1986, the compensation fund notified the insured person that it refused to consider his application for a disability pension, without, however, ruling on the issue of reimbursement of the aforementioned invoice. The insured person appealed to the Cantonal Insurance Court of Valais, which dismissed the appeal concerning the pension claim and refused to consider the issue of the costs of the medical examinations, on the grounds that this point had not been the subject of a formal decision by the fund.
Considerations
The Federal Court considered that the compensation fund had committed a formal denial of justice by refusing to rule on the request for reimbursement of the costs of the medical examinations, thus violating Art. 4 para. 1 of the Federal Constitution. According to the Court, when a cantonal or professional compensation fund refuses to rule or delays in making a decision, it is the Federal Office of Social Insurance - within the framework of…