Saturday, May 22, 2004

7th Circuit Affirms Exclusion of Testimony from Vocational Rehabilitation Counselor

The Seventh Circuit has published an opinion affirming the district court's exclusion of testimony from a vocational rehabilitation counselor in an ADA case. The counselor's initial view was that the employee's workplace knee injury rendered him incapable of performing most of his job functions. But after she was retained as an expert in the employee's ADA case, the expert concluded that he could perform the majority of them. She did not re-interview the employee before reversing field, nor was she familiar with the machinery that it was the employee's job to repair. See Ammons v. Aramark Uniform Servs., Inc., No. 03-1036 (7th Cir. May 21, 2004) (Flaum, Manion, & Williams, JJ.).

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.