Tag: admissibility

Oct 8, 2019

Inadmissible Drug Test May Not Be Used to Show Employee Fraud in Louisiana

In Louisiana, a positive drug test following a work-related injury may not be offered as evidence that the injured worker’s injuries were the result of intoxication at the time of...

Inadmissible Drug Test May Not Be Used to Show Employee Fraud in Louisiana Inadmissible Drug Test May Not Be Used to Show Employee Fraud in Louisiana
May 9, 2019

Missouri Court Says Medical “Expert” Need Not be an M.D.

Opinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits...

Missouri Court Says Medical “Expert” Need Not be an M.D. Missouri Court Says Medical “Expert” Need Not be an M.D.
Oct 26, 2018

Nebraska Physician Assistant May Not Sign Medical Report

While the term, “physician,” as defined by Neb. Workers’ Comp. R. 49(O) (2018), generally includes those practicing osteopathic medicine, chiropractic, podiatry, or dentistry, it does not include a physician assistant,...

Nebraska Physician Assistant May Not Sign Medical Report Nebraska Physician Assistant May Not Sign Medical Report
May 5, 2014

After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was Inadmissible

Noting that with its 2013 amendment to § 90.702, Fla. Stat., the Florida legislature had clearly jettisoned both “the Frye test” and the “pure opinion” rule [Flannagan v. State, 625...

After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was Inadmissible After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was Inadmissible