Question juridique clé
Whether the appeal remained live after the rectifying decision issued during the appeal proceedings.
Solution extraite
The rectifying decision replaced the contested decision and opened new appeal rights, so the pending appeal had become moot.
Motifs extraits
Under Art. 53(3) LPGA, the insurer may reconsider a decision until it has filed its observations to the appeal court. The respondent used that power and annulled the challenged decision by a rectifying decision, leaving no subject for adjudication.