Question juridique clé
Whether the appeal against the cantonal decision on an OHG advance payment was admissible despite a wrong legal-remedy instruction.
Solution extraite
The appellant could rely on the incorrect instruction; the appeal was admissible because the 10-day time limit was not apparent without consulting case law, which a represented party was not required to do.
Motifs extraits
A party is not prejudiced by an incorrect instruction if the error was not and could not reasonably have been recognized from the statute alone. The nature of the contested decision as an interim decision required case law research, so reliance was protected.