Key legal question
Whether the cost of the court-appointed orthopedic expert report had to be borne by SUVA in the accident-insurance proceedings.
Extracted holding
Yes. The report was necessary because the file contained materially contradictory and insufficiently probative medical opinions; therefore the cost could be allocated to SUVA.
Extracted reasoning
There were only slight doubts not about the existence of medical disagreement but about the reliability of the insurer's internal assessment. In such a situation, where the file is not sufficiently conclusive and the court orders an expert report instead of remanding, the expert costs may be imposed on the insurer. The fact that the report later confirmed SUVA's view is irrelevant.