Key legal question
Whether the insured was denied the right to comment on the appointed expert before the report was produced.
Extracted holding
The omission of prior notification of the expert’s name breached Art. 44 ATSG, but without any substantiated bias grounds it did not prevent reliance on the report.
Extracted reasoning
Only the clinic and questionnaire had been disclosed in advance; however, no justified recusal grounds were raised afterward, so the defect alone was not decisive.