Tag: expert testimony

Jun 20, 2022

KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible

In a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...

KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible
Jun 2, 2022

Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim

A New York appellate court held that where a physician testified that a claimant developed neck and shoulder pain “due to repetitive stress and forceful use of the upper extremities...

Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim
Nov 30, 2020

Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit

A Texas appellate court recently affirmed a state trial court’s decision granting summary judgment in favor of a former employer (and a companion company) who had been sued by a...

Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit Texas Court Affirms Summary Judgment Favoring Former Employer in Toxic Tort Suit
Nov 17, 2020

New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction

Stressing that the state's Workers' Compensation Board had broad discretion in weighing medical evidence as to causation, a New York appellate court affirmed a decision by the Board denying workers'...

New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction New York Painter Fails to Establish Causal Relation Between Employment and Myocardial Infarction
Sep 18, 2020

Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim

Acknowledging that medical opinion evidence need not be expressed with absolute or reasonable medical certainty, but stressing that it nevertheless needed to be based on more than a mere possibility,...

Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim Cautious Medical Opinion Sinks NY Worker's Knee Injury Claim
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.
Mar 12, 2019

NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of

Opinion Raises as Many Questions as It Answers Last Thursday (March 7), the Supreme Court of New Hampshire handed down a decision that reversed, in pertinent part, a state Appeals...

NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of
Jun 12, 2015

Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony

An commissioner’s award of permanent total disability benefits to an HVAC employee who claimed he suffered an electric shock while servicing a unit at a customer’s residence was supported by...

Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony
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
Sep 5, 2012

Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not Admissible

A Maryland appellate court recently reversed a trial court’s decision that would have allowed testimony by a physician related to claims by various employees that they had sustained an accidental...

Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not Admissible Maryland: Expert Testimony Linking Employees’ “Sick Building” Syndrome to Workplace Not Admissible