Supreme Court quashes social security award denial due to failure to order expert witness oral testimony.
Sintesi Legislator
Generato dall'IAThe Supreme Court quashed the Social Security Institution's refusal of a death benefit, ruling that the lower court failed to order oral testimony from a work medicine expert. The deceased employee died at his workplace after arriving late and refusing a substitute, yet the lower court relied solely on a written expert opinion without addressing the applicant's objections. The court held that ignoring valid objections to an expert's written report constitutes a procedural violation under the Code of Civil Procedure, necessitating a retrial to establish the factual basis for the accident classification.
Regesto Legislator
Generato dall'IAArt. 235 k.p.c.; Art. 286 k.p.c.: If a party raises justified objections to an expert's written opinion, the court is obligated to summon the expert for oral testimony to clarify the matter.