Facts
M., born on October 17, 1958, suffered two accidents to his left knee in 1988 and 1990 while working as a waiter and restaurant manager in St-Moritz. Suisse Mobilier Assurances, with whom he was insured against occupational and non-occupational accidents, refused to pay him a disability pension and only granted him a 5% integrity allowance based on a medical expert report. M. contested this decision before the Insurance Court of the Canton of Thurgau, which dismissed his appeal. M. then appealed to the Federal Insurance Court.Considerations
The Federal Insurance Court considers that the rules applicable to the administration of evidence in the administrative procedure of compulsory accident insurance, in particular the participation rights of the parties provided for in Art. 57 et seq. CPC, apply by analogy to other private insurers competent under Art. 68 para. 1 AIA. Although Suisse Mobilier informed M. of the appointment of the expert and the subject of the expert opinion, it did not give him the opportunity to express his views on the questions asked of the expert or to take a position on the expert report before the decision. This violation of procedural rights can be considered remedied if the court can freely review the decision on…