Facts
The present case concerns the question of whether the costs of a court expert opinion obtained by the cantonal court in accident insurance proceedings can be imposed on the accident insurer (SUVA).
The Social Insurance Court of the Canton of Basel-Stadt had imposed the costs of the court expert opinion on SUVA, as the results of the investigation in the administrative proceedings were not sufficiently probative on legally relevant points, and a remission would have been considered necessary for the taking of the evidence measures deemed necessary by the court, but such a remission was waived with a view to preserving the fairness of the proceedings.
SUVA has appealed against this allocation of costs.
Considerations
The Federal Supreme Court has held in its case law (BGE 137 V 210) that if the need for clarification is established, the cantonal insurance court must itself order a medical expert opinion. Where a remission would be considered necessary for the taking of the evidence measures deemed necessary by the court, but such a remission is waived with a view to preserving the fairness of the proceedings, the costs of the expert opinion by a medical clarification body must be imposed on the insurance carrier.
The Federal Supreme Court considers this case law on the costs of…