SOLIS v. SCHWEIKER

No. 82-5457.

719 F.2d 301 (1983)

Arnold N. SOLIS, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary, Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 24, 1983.


Attorney(s) appearing for the Case

James A. Jensen, Long Beach, Cal., for plaintiff-appellant.

Dennis J. Mulshine, San Francisco, Cal., for defendant-appellee.

Before HUG and NELSON, Circuit Judges, and EAST, District Judge.


NELSON, Circuit Judge:

The issue in this case is the extent to which a disability claimant is entitled to cross-examine a physician whose written report of medical findings supports a finding of nondisability. We hold that where the physician is a crucial witness whose findings substantially contradict the other medical testimony, and when as in this case interrogatories are an inadequate substitute for cross-examination, the claimant has been denied procedural due...

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