Questione giuridica chiave
Whether the cantonal social-insurance court violated the appellant's right to be heard by deciding without allowing a reply to the respondent's observations.
Decisione estratta
Yes. The appellant had to be given a real opportunity to comment on the respondent's submission before judgment.
Motivazione estratta
Under the constitutional and Convention guarantees of a fair hearing, a party must be able to take knowledge of and comment on all observations communicated to the court. Because the cantonal court transmitted the caisse's submission and immediately took the case under advisement, then ruled the next day, the appellant was deprived of any material possibility to react.