Questione giuridica chiave
Whether the failure to notify the insured of the supplemental MEDAS report before the objection decision violated the right to be heard
Decisione estratta
The report should have been disclosed before the objection decision, but the defect was curable and was cured in the cantonal appeal proceedings.
Motivazione estratta
Art. 44 ATSG does not grant a prior right to comment on expert questions. The later non-disclosure of the MEDAS report breached hearing rights, but the cantonal appeal was a full review proceeding and the insured had an unrestricted opportunity to comment and ask questions there; a remand would have been a useless formalism.