Facts
The appellant, A., was the victim of a paragliding accident in April 1999, which resulted in complete tetraplegia. The Swiss National Accident Insurance Fund (SUVA) recognized his right to a full disability pension, a severe disability allowance, the purchase of auxiliary means, and participation in home care costs. The participation in home care was set at 3'236 fr. 42 per month by the SUVA's decision on opposition of 27 June 2018, confirmed by the judgment under appeal.
The appellant contested this decision, estimating that the amount of participation should be set at 12'933 fr. 37 per month as of 1 March 2018 and at 15'532 fr. 95 per month as of 1 January 2019. He argued that the FSCMA's assessment, on which the SUVA relied, did not meet the judicial requirements and that the report from ParaHelp, which he had produced, was more convincing.
Considerations
4. Power of review of the FSCA
The FSCA examined whether the findings of fact of the previous instance were manifestly inaccurate or had been established in an arbitrary manner. It also verified whether the interpretation of art. 18 AIO by the cantonal jurisdiction was in conformity with federal law.
5. Definition of the concept of assistance and home care
The FSCA recalled that the concept of home care includes medical treatment provided at home for therapeutic purposes, nursing care, and non-medical care. It also specified that medical care provided at home by an authorized person must be fully covered by the insurer, while medical care provided by a non-authorized person and non-medical home care give rise to a participation of the insurer.
6. Evaluation of the FSCMA and the ParaHelp report
The FSCA examined the investigation reports…