Questione giuridica chiave
Whether the cantonal court violated the right to be heard and the rule of free assessment of evidence by disregarding the treating physician’s updated report.
Decisione estratta
Yes. The court failed to explain why it disregarded the 27 January 2006 report, although it was the only recent medical evidence and could justify further inquiry.
Motivazione estratta
Where medical opinions conflict, the judge must examine all documents objectively and state reasons for preferring one opinion. The unaddressed report mentioned progressive worsening and post-accident sequelae that were potentially relevant to work capacity, so additional evidence-taking was required.