Decision on the recourse of the appellant against the decision of the Swiss National Accident Insurance Fund

Facts

M., an insured carpenter's assistant with the Swiss National Accident Insurance Fund (CNA), was the victim of a work accident on September 13, 1996. On August 15, 1997, the CNA issued a decision recognizing M. a work capacity of 33 1/3% as of July 16, 1997. M. filed an opposition against this decision on August 27, 1997.

In a statement dated March 6, 1998, the CNA refused to rule on the opposition and declared the decision of August 15, 1997 to be cancelled. It informed M. that it recognized him a work capacity of 25% as of May 29, 1997 and was awaiting a medical report to pronounce on a total incapacity for work attested since January 12, 1998. By decision of April 30, 1998, the CNA maintained its refusal to rule on the opposition.

M. brought the case before the Insurance Court of the Canton of Vaud, complaining of a denial of justice on the part of the CNA. The court dismissed the appeal and referred the case back to the CNA for further investigation. M. then filed an administrative law appeal against this judgment.

Considerations

The Federal Insurance Court considers that the CNA should have issued a new decision in place of that of August 15, 1997, opening the way for M. to file an opposition. By refusing to rule on the opposition, the CNA deprived M. of the possibility to contest the 25% work capacity rate recognized to him since May 29, 1997.

Consequently, the Federal…