Morgan’s Tip of the Week – Evidence Standard Uncertainty


Last week the Florida Supreme Court ruled that the Fla Legislature’s adoption of the Federal standard of admissibility of expert testimony, the Daubert standard, was unconstitutional.  HOWEVER, there is still uncertainty because the Fla WC system is Administrative law, under the Executive branch, so it may remain in WC.  It’s like a Schoolhouse Rock segment. (Click Here)

Why you should care is because savvy claimant’s attorneys have used “Daubert objections” to have opinions favorable to the E/C thrown out if the doctor did not follow an established methodology or principles and based it solely on their opinion and experience (we could do the same to their doctors).  Daubert also spelled the end of Apportionment as there is no methodology to determine percentages due to an accident versus preexisting.

As soon as we see some guidance from the courts as to whether it still applies in WC or not we will let you know.

News and Notes:  The Orlando JCC office is moving this week to Altamonte Springs.  The new location is 2.6 miles from my office, 2 lights and a stop sign away.  If you need anything on an urgent basis or to avoid a show cause on a case, let us know and we can get an attorney there asap.