Key legal question
Whether the cantonal court violated the right to be heard by not allowing comment on the newly obtained IV files.
Extracted holding
A hearing violation occurred because the insured was not given access to the IV files, but the defect was cured before the Federal Court.
Extracted reasoning
Access to all case files is part of the right to be heard. Yet a remittal was avoided because the Federal Court could review facts and law freely, and a remand would only cause unnecessary delay.