Evidence: Expert Testimony: Generally

Uffalussy v. St. Patrick Hospital [11/06/07] 2007 MTWCC 45 Where Petitioner’s expert disclosure in accordance with the Scheduling Order was broad, nothing prevented Respondent from contacting Petitioner to request additional information and to cure any perceived inadequacies. Therefore, Respondent’s objection to the expert opinion proffered at trial is overruled.

Ryckman v. ASARCO, Inc. [8/24/05] 2005 MTWCC 52 The opinion of an expert is not conclusive. A court must determine what if any weight the opinion is to be given. Thus, a vocational expert’s perfunctory opinion stating that, based on his labor market analysis, the claimant did not suffer a wage loss, does not entitle an insurer or self-insured to summary judgment where the claimant in fact is earning less than his time-of-injury wage. Since the claimant’s actual earnings provide one basis for determining wage loss, the claimant need not tender an opposing expert opinion to avoid summary judgment.

State Fund. v. Willard E.Vannett [12/2/99] 1999 MTWCC 77 Where particular physician's conflict of interest had poisoned the handling of the entire occupational disease medical review process, Court declined to reconsider ruling affirming hearing officer's decision that claimant suffered from an occupational disease.

State Fund v. Willard E. Vannett [10/29/99] 1999 MTWCC 66 WCC refused to consider evidence from physician who was hired by State Fund to provide advice during evaluation of whether to challenge one physician's opinion that claimant suffered from OD, then accepted appointment to OD panel on same case.