When will a doctor's opinion be considered "examining" in a medical malpractice case?

examine but do not treat the claimant (examining physicians); and (3) those who neither examine nor treat the claimant (nonexamining physicians)." Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). As a rule, the opinions of treating physicians are given more weight than the opinions of examining and nonexamining physicians, and "[t]he opinion of an examining physician is, in turn, entitled to greater weight than the opinion of a nonexamining physician." Id. The opinion of an examining doctor, even where contradicted by another doctor, "can only be rejected for specific and legitimate reasons that are supported by substantial evidence in the record." Id. at 830-31.