Marino v. Arrow Exterminators / Sedgwick CMS
JCC Hedler (West Palm Beach)(Derrick Cox)(6-10-21) – Granted Claimant’s Motion to Strike in part and denied in part. Claimant moved to strike the testimony of the E/C’s biomechanical engineer, Jonathan Walter under the Daubert standard. Claimant objected to the expert’s opinions regarding major contributing cause of the Claimant’s condition, opinions concerning forces that caused injury to the Claimant, opinions that drumming as a hobby was the major contributing cause of the Claimant’s injuries or condition and opinions that forces of operating machinery including sprayers could not have caused injury to the Claimant. The JCC granted a portion of the Motion, as Dr. Walter is not a medical doctor and not qualified to render a medical opinion. The JCC struck the opinions of Dr. Walter concerning the force exerted by the Claimant’s drumming, and specifically, the opinion the Claimant’s band played hard rock music and the force required to play such music. The JCC found those opinions are not based upon sufficient facts or data, but rather are formulated upon a stacking of inferences. The JCC found the testimony regarding what would be considered an “acceptable force” was improper bolstering. However, the JCC found the testimony regarding the mechanical use of the sprayer to comply with Daubert. https://www.jcc.state.fl.us/Finals/20025705_364_06102021_02154317_i.pdf |