Facts
In this case, the Swiss National Accident Insurance Fund (SUVA) suspended the benefits paid to W. as of July 9, 1995. W. filed two successive appeals against this decision with the Administrative Court of the Canton of Schwyz. The first appeal, filed on October 16, 1997, was dismissed on November 5, 1997 by the cantonal court on the grounds that W.'s lawyer had not corrected the inappropriate expressions contained in the appeal within the prescribed time limit. W. then filed a second appeal on November 20, 1997, which was ultimately accepted by the cantonal court on September 30, 1998, as it considered that SUVA should continue to pay the legal benefits beyond July 9, 1995.
SUVA then appealed against this decision to the DFC.
Considerations
The DFC considers that the cantonal court should not have taken up the second appeal filed on November 20, 1997. Indeed, the first appeal filed on October 16, 1997 was still pending at the time of the filing of the second appeal, the procedure only being closed with the judgment of the DFC of May 15, 1998 rejecting the appeal against the non-entry into force of November 5, 1997. Consequently, the second appeal was inadmissible due to the pending proceedings.
Although the judgment of…