Key legal question
Whether the failure to disclose the RAD opinion before the objection decision and cantonal appeal violated the right to be heard.
Extracted holding
Yes. The insured had to be informed of the RAD report and allowed to comment on it before the adverse decision was taken.
Extracted reasoning
The RAD statement was a decisive evidentiary basis. Since it was not shown to the insured after its issuance or with the objection decision, and no later opportunity for effective comment before a fully reviewing court existed, the violation was not cured.