Question juridique clé
Whether the cantonal court could charge SUVA with the costs of the medical expert report it ordered
Solution extraite
Yes. The expert report was ordered because the insurer's file contained contradictory and insufficiently probative evidence on causation; in such circumstances, the expert costs may be imposed on the accident insurer.
Motifs extraits
The report was not obtained to clarify a merely incomplete issue, but because the evidence from the insurer proceedings was materially inconsistent and lacked sufficient evidentiary value. In that situation, and where a remittal would otherwise be possible but is dispensed with for reasons of procedural fairness, the court may itself order the expertise and charge its costs to the insurer.