Questão jurídica principal
Whether the cantonal court violated the right to be heard by refusing to consider the psychiatric expert report of 16 December 2008
Decisão extraída
The report had to be considered as evidence of an alleged deterioration occurring before the contested decision, not as a purely new post-decision fact.
Fundamentação extraída
A medical report written later must be taken into account if it relates to the situation before the decisive date. By excluding the report outright, the cantonal court prevented the insured from proving a relevant prior fact.