Questão jurídica principal
Whether the insurer violated the insured person's right to be heard by not naming the expert and not sending the file opinion before the decision.
Decisão extraída
No violation was established; the insured person could comment during the objection proceedings, and any challenge to the expert was in any event forfeited.
Fundamentação extraída
Art. 44 ATSG requires advance disclosure of an independent expert, but the insured person raised no concrete recusal or objection grounds after receiving the report. The later opportunity to comment in the objection procedure cured any alleged procedural defect.