Facts
The case concerns a work accident that occurred on 20 April 1988. The claimant, M., was injured while working for the company W., Strassen- und Tiefbau AG, and was insured against accidents and occupational diseases by the Schweizerische Unfallversicherungsanstalt (SUVA). The SUVA closed the file on 14 March 1994, considering that the claimant was fit to work full-time and that no further treatment was necessary. The claimant contested this decision and requested a disability pension and compensation for damage to their integrity. The SUVA then requested a medical report from the Zentrums für Medizinische Begutachtung (ZMB) Basel, which concluded that the claimant had a reduced working capacity of 15%. The SUVA also requested a medical report from the Medizinische Abklärungsstelle der Invalidenversicherung (MEDAS) at the Kantonsspital St. Gallen, which concluded that the claimant was not entitled to compensation for damage to their integrity.
The claimant contested these decisions before the social insurance court of the canton of Basel-Country, which annulled the SUVA's decision and referred the case for a new expert opinion. The SUVA appealed this decision to the Federal Court, which was tasked with determining whether the SUVA had acted correctly in relying on medical reports established by third parties.
Considerations
The Federal Court considered that the SUVA had the right to rely on medical reports established by third parties, but that it must also respect the claimant's right to be heard and to participate in the procedure. The Federal Court estimated that the SUVA had not violated the claimant's rights by relying on medical reports established by third parties, but that it must have given the claimant the opportunity to comment on these reports and to request additional information.
The Federal Court also considered that the SUVA had acted correctly in requesting medical reports from the MEDAS and the ZMB, but that it must have respected the…