Facts
This judgment concerns a dispute between an insured person and the Swiss Accident Insurance Institution (SUVA) regarding the right to consult the file in the context of accident insurance. The insured person requested to consult the SUVA's files, but the latter refused to communicate certain documents, including a medical report. The insured person then appealed to the cantonal court, which partially admitted the request. The SUVA appealed to the Federal Court, which was admitted.
The parties involved are the insured person, the SUVA, and the cantonal court. The dispute concerns the right to consult the file in the context of accident insurance, particularly the question of whether the SUVA is required to communicate all documents related to the insured person's file, including medical reports.
Considerations
The right to consult the file in accident insurance
The Federal Court recalled that the right to consult the file is a fundamental right in the field of accident insurance, which allows the insured person to take note of all documents related to their file. This right is guaranteed by articles 96 and 98 of the Accident Insurance Act (AIA) and by articles 26 to 28 of the Administrative Procedure Act (APA).
The scope of the right to consult the file
The Federal Court specified that the right to consult the file applies to all documents related to the insured person's file, including medical reports. However, this right may be limited if the communication of these documents infringes on important public or private interests.
The procedure for consulting the file
The Federal Court recalled that the procedure for consulting the file must be conducted in a manner that allows the insured person to take note of all documents…