Vol. 7, Issue 6

Find Solutions & Strategies February 8, 2016

The Battle Over Reliable Expert Testimony

The latest on Daubert inFlorida

In This Issue

- EXPERT EVIDENCE

- LARSON'S: Surveillance video, Mental injury, Undocumented status, Insurance coverage

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

WCRI Annual Issues Conference

the battle over reliable expert testimony

Florida courts may stop using Daubert, but not in workers' compensation

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC

On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee's recommendation to use the Frye standard for evaluating expert testimony rather than the Daubert standard adopted by the state legislature in July 2013. In Florida, the legislature controls the sustentative aspects of the law whereas the procedural aspects remain under the control of the state's Supreme Court. Bar committees review legislative enactments and generally recommend the court approve them to the extent that they are procedural. However, if the committee recommends otherwise, it is because it believes the legislature crossed the line into a procedural issue. And that is the case here. The CREC will likely file its proposal with the board's recommendation to the Florida Supreme Court on February 1st but...read more.

Workers' Compensation Emerging Issues Analysis 2015 Edition

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis).

Missouri: Post-Deposition Surveillance Video Could Not Be Introduced Into Evidence. When, during a deposition related to claimant's workers' comp claim, a representative of the employer indicated that it had conducted no surveillance activities of the claimant, the employer was...read more.

New York: Court Affirms Board's Finding that Claimant's Stress Was Greater than That of Other Workers. A New York court affirmed an award to a charity's caseworker that contended she sustained a mental injury based upon stress on her job...read more.

Delaware: Employer Must Show Available Work Within Worker's Limitations, Including Worker's Undocumented Status. Evidence supported the Board's finding that an employee was a displaced worker where, following surgery on her left wrist, the worker had been released to light-duty...read more.

Arkansas: Employer Secured Comp Coverage in Spite of Failure to List Employees in Policy Documents. An Arkansas court held that the owner of a small Arkansas business appropriately secured workers' comp coverage when evidence indicated an insurance company issued a policy and...read more.

national & state news

Experts Identify Top 10 Issues to Watch for Workers Comp in 2016.

EEOC Seeks Comments on Proposed Enforcement Guidance on Workplace Retaliation.

Insurance Information Institute President Dr. Robert Hartwig to Step Down.

Obama Budget Would Invest $1.1B to Fight Opioid Abuse, Heroin Use.

FDA Top Officials Call for Sweeping Review of Agency Opioids Policies.

CA: Administrative Director Destie Overpeck to Join State Bar of California.

CA: Voters to Decide Ballot Measure in Nov. to Control Cost of Prescription Drugs.

CA: DWC Proposes Guideline for Mental Illness and Stress.

FL: High Court to Hear Stahl Case on Constitutionality of Workers Comp System.

FL: Medical Marijuana Bill for Terminally Ill Sent to Senate Floor.

NJ: Assault Committed by Ex-Husband in Employer Parking Lot Found Not Compensable.

NJ: LWD Chief Judge Posts Memo on Certified Court Reporters.

NM: Former Workers Comp Judge Pleads Guilty to $500K Embezzlement.

NM: House Passes HB 63 Intoxication Bill, Measure Moves to Senate.

NM: Lawmakers Consider Bill for Curbing Opioid Abuse.

OR: WCD Posts Revised Forms for Filing Own Motion Claim Information.

OR: WCD Posts Examples for Determining Gainful Occupation for PTD Evaluations.

OR: Governor Nominates Two to Workers Comp MLAC.

OR: MLAC Discusses Three Bills at Feb. 5 Meeting.

TN: Opt Out Bill Dies Again for Second Year in a Row.

TX: DWC Announces Grace Period for Non-Subscribing Reporting.

TX: DWC Posts Reminder on Insurance Carrier Claim Adjusting, Plain Language Notices.

VT: House Committee Weighs Two Bills on Independent Contractors.

VA: Senate Committee Approves SB 631 Medical Treatment Fee Schedules.

WV: Lawmakers Consider Firefighter Cancer Bill.

ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2016 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

February 1, 2016: Study on Satisfaction With Healthcare for Injured Workers.
January 25, 2016: Opt Outs to Workers' Comp: The Real Disconnect.
January 19, 2016: Work-Injury Impact on Wealth of U.S. Workers.
January 11, 2016: Texas Workers' Comp Update.
January 4, 2016: Top 10 Bizarre Workers' Comp Cases for 2015.
ACCESS ARCHIVES AND ARTICLES LIST HERE.

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