Questão jurídica principal
Whether the insurer could decide on the file after the insured refused a further medical expertise under Art. 43(3) LPGA.
Decisão extraída
The refusal was inexcusable and the insurer could rule on the existing file after a proper written warning and deadline.
Fundamentação extraída
The medical file did not allow a reliable assessment of work capacity in adapted work; the insurer therefore had grounds to request a new expert opinion, and the insured's refusal justified application of Art. 43(3) LPGA.