Question juridique clé
Whether the cantonal court's prior remittal amounted to an impermissible reformatio in peius without warning rights under Art. 61 lit. d ATSG
Solution extraite
No. A remittal for further fact-finding is not itself a reformatio in peius unless a worsening is certain.
Motifs extraits
The Federal Court held that a reformatory decision requires the deciding instance itself to worsen the legal position. A mere possibility of deterioration after a remittal does not trigger the procedural safeguards, and no certain worsening followed from the 2006 remittal.