Rejection of the production of new documents after the expiry of the appeal deadline, except within the framework of a second exchange of written submissions

Facts

[A.] worked as the head of the assembly department of the carpentry and cabinet making company X SA and was insured by the Swiss National Accident Insurance Fund (CNA) for occupational and non-occupational accidents. On July 11, 1996, [A.] suffered a fall from a scaffold. The CNA took over the case and granted [A.] the benefits due for the consequences of this accident. However, based on medical reports, the CNA decided on June 5, 1998 that the impairments suffered by [A.] were no longer causally related to the accident of July 11, 1996 and terminated the payment of the daily allowance and treatment costs. [A.] filed an objection and then an appeal against this decision.

Considerations

The Federal Insurance Court has revised its case law regarding the production of new documents after the expiry of the appeal deadline. Henceforth, it will no longer accept the production of such documents, except within the framework of a second exchange of written submissions. This new case law aims to ensure equal treatment of litigants and to respect the literal meaning of Art. 108 para. 2 FJA, which only allows the production of documents existing at the time of the appeal.

However, the Federal Tribunal reserves the case where the new documents would constitute…