Question juridique clé
Whether the caisse violated the appellant's right to be heard by relying on CNA investigation files without prior notice or opportunity to comment.
Solution extraite
Yes. The caisse relied on externally obtained investigation results without adequately informing the appellant or allowing him to comment on the decisive file pieces.
Motifs extraits
The Federal Court held that once the caisse used the CNA's later-gathered statements as decisive evidence, it had to alert the appellant to the outcome of that inquiry and allow access and submissions. The deficiency was not cured on cantonal appeal because the lower court denied any violation and rejected evidence requests.