Key legal question
Whether the insured’s right to participate under Art. 44 ATSG was violated when SUVA relied on a Medas expert report commissioned by the invalidity insurance.
Extracted holding
No violation: participation rights must be secured by the authority that commissions the report; SUVA could rely on the Medas report and later allow comments.
Extracted reasoning
The duty to inform the party and allow challenge of experts lies with the authority ordering the report. Any procedural defect in the IV proceedings did not prevent SUVA from using the report, especially since the insured was later given full opportunity to comment.