Magnifying Glass

Does Daubert Apply to EMA Evidence in Fla.?
Does Daubert Apply to EMA Evidence in Fla.?

Case File In a matter of first impression a Florida appellate court found that Florida statutes' governing procedures for workers' compensation mediation and hearings precluded a challenge to the admissibility of expert medical advisor opinions […]
‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness
‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness

Case File A medical expert's conclusion based on a "reasonable degree of medical certainty" was enough to establish a causal link between a worker's using a required N95 mask on the job and her respiratory […]
Practice & Procedure: Ohio Evidence, Discovery
Practice & Procedure: Ohio Evidence, Discovery

Columbus, OH (WorkersCompensation.com) -- In Ohio, state law spells out the rules when it comes to evidence used in workers' compensation hearings. The following chart breaks down what the Buckeye State requires on evidence and […]
Unwitnessed Claims: 10 Strategies for Employers to Prevail
Unwitnessed Claims: 10 Strategies for Employers to Prevail

Chicago, IL (WorkersCompensation.com) -- When an unwitnessed workers' compensation claim arises, employers face significant challenges in gathering evidence and determining the claim's validity. In a recent roundtable discussion titled "When a Tree Falls in the […]
IME Status Renders N.Y. Doctor’s Testimony, Reports Inadmissible
IME Status Renders N.Y. Doctor’s Testimony, Reports Inadmissible

New York, NY (WorkersCompensation.com) -- How much does medical treatment have to look like an independent medical examination to officially count as an IME? In Feldman v. New York City Transit Authority, 2023 WL 3099529 […]