Facts
S., born in 1944, was compulsorily insured against accidents with Nationale Suisse Assurances (hereinafter: Nationale). On 23 February 2005, she suffered a fall in her kitchen and sustained a fracture of the left fibula. On 3 August 2005, she suffered a new fall on the stairs of her house, sustaining a traumatic brain injury. After being hospitalized in two institutions, she was transferred on 23 August 2005 to Clinic Z., where she stayed until 17 October 2005. She was then transferred to Centre W., where she remained until 27 February 2006. Centre W. invoiced Nationale an amount of 43,790 francs for this stay, but Nationale only agreed to cover 5,535 francs, considering that the hospital treatment was no longer necessary beyond 31 October 2005.
On 24 June 2008, Centre W. brought the case before the Accident Insurance Arbitration Tribunal of the Canton of Jura to obtain payment of the difference of 38,255 francs. Nationale contested the jurisdiction of the arbitration tribunal.
Considerations
The Federal Tribunal dismissed Nationale's appeal. It considered that the arbitration tribunal established by Art. 57 of the Federal Accident Insurance Act (LAA) was competent to hear the dispute.
Indeed, disputes between insurers and service providers concerning the limits of treatment under Art. 54 LAA fall within the jurisdiction of the arbitration tribunal. It is responsible for settling disputes…