Decision on the Right to Party Indemnity in the Accident Insurance Opposition Procedure

Facts

This decision concerns an appeal against a judgment of the cantonal court regarding the right to party indemnity in the accident insurance opposition procedure. The applicant requests that the Swiss National Accident Insurance Fund (SUVA) reimburse him the full party costs, including those of the opposition procedure.

Considerations

First, the Federal Tribunal examines the question of the right to party indemnity in the opposition procedure. It concludes that Art. 130 para. 2, 2nd sentence, of the Accident Insurance Ordinance (OLAA), which excludes any right to party indemnity for the opposition procedure under Art. 105 para. 1 of the Accident Insurance Act (LAA), is not contrary to the law or the Constitution.

Next, the Federal Tribunal examines the determination of the amount of the party indemnity in the cantonal appeal procedure. According to Art. 108 para. 1 let. g LAA, the amount of the party indemnity must be set regardless of the amount in dispute, based on the facts to be judged and the difficulty of the proceedings. The Federal Tribunal considers that the reduction of the party indemnity on the grounds that the…