In the case of Joe Marino v. Arrow Exterminators, the claimant filed a repetitive trauma claim against the E/C. The E/C hired a biomechanical engineer (Jonathon Walter) to provide testimony to their case, following the standard outlined in Daubert v. Merrell Dow Pharms, Inc section 90.702.
The E/C’s expert testified before the court that the MCC of Marino’s injury was not caused on the job, but instead from personal activities outside of the workplace. The true MCC of Marino’s condition was left undetermined, and the E/C’s expert testimony was questioned under the fact that he was not qualified to make the medical observations of the claimant. The E/C’s expert also did not speak or examine Marino, nor did he do any testing on the claimed cause of Marino’s injury.
Therefore, Walter’s opinions on behalf of the E/C were insufficient to having any legal holding against the claimant.
Motion GRANTED in part and DENIED in part
Source: The 440 Authority