Key legal question
Whether the cantonal court could charge the accounting expert costs to the insurer
Extracted holding
No. Because the expertise was ordered by the court as its own evidentiary measure and the insurer had not acted frivolously or with lightness, the costs had to remain court costs and could not be shifted to the insurer.
Extracted reasoning
Art. 61 lit. a LPGA makes cantonal social insurance proceedings free, with cost shifting only in cases of frivolous or light conduct. The court itself chose to order the expertise without first exhausting simpler evidentiary measures; unlike cases on administrative-instruction gaps, there was no characterized deficiency in the insurer's prior investigation.