Section 13.27 Worker’s Compensation
Library | Sources of Proof (2014 Ed.) |
B. (§13.27) Worker’s Compensation
It is well settled that the Labor and Industrial Relations Commission (the Commission) has the “sole discretion to determine the weight given to expert opinions.” Reese v. Gary & Roger Link, Inc., 5 S.W.3d 522, 525 (Mo. App. E.D. 1999). In fact, it has been said that the Commission’s determination of the weight to assign to expert opinions “cannot be reviewed.” Holaus v. William J. Zickell Co., 958 S.W.2d 72, 79 (Mo. App. E.D. 1997); Conley v. Treasurer of Mo., 999 S.W.2d 269, 270 (Mo. App. E.D. 1999). It is more accurate to say that the finding will not be disturbed unless there is an abuse of discretion. Jaycox v. Gen. Am. Life Ins. Co., 992 S.W.2d 240, 244 (Mo. App. E.D. 1999). The Commission “may reject all or part of one party’s expert testimony which it does not consider credible and accept as true the contrary testimony given by the other litigant’s expert.” Kelley v. Banta & Stude Constr. Co., 1 S.W.3d 43, 48 (Mo. App. E.D. 1999).
If there are two inconsistent medical opinions, the...
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- Section 13.1 Introduction
- Section 13.2 Limits of Lay Opinion Testimony
- Section 13.3 Scope of Expert Testimony Compared to Lay Testimony
- Section 13.4 Who Is an Expert?
- Section 13.5 Frye
- Section 13.6 When Can Expert Testimony Be Admitted?
- Section 13.7 Identifying an Expert in Response to Interrogatories
- Section 13.8 General Discussion
- Section 13.9 Opinions Based on Hypothetical Questions
- Section 13.10 Opinions Based on Personal Knowledge, Including Experiments
- Section 13.11 Opinions Based on Other Data, Including Surveys
- Section 13.12 Background Expert Testimony
- Section 13.13 Might Have, Could Have, Would Have—Qualified Answers by Expert Witnesses
- Section 13.14 Cross-Examination of Experts
- Section 13.15 Bias and Pecuniary Interest
- Section 13.16 Prior Conduct
- Section 13.17 Prior Inconsistent Statements
- Section 13.18 Hypothetical Questions
- Section 13.19 Learned Treatises
- Section 13.20 Miscellaneous Subjects of Cross-Examination
- Section 13.21 Medical Expert as a Source of Proof
- Section 13.22 Qualifications of the Medical Expert
- Section 13.23 Is a Medical Expert Required?
- Section 13.24 Medical Expert and the Standard of Care
- Section 13.25 Situations in Which Expert Medical Testimony Is Permitted
- Section 13.26 Non-Medical Professional Liability
- Section 13.27 Worker’s Compensation
- Section 13.28 Product Liability
- Section 13.29 Automobile Collision
- Section 13.30 Miscellaneous Uses of Expert Witnesses
- Section 13.31 Expert Witnesses and Computer-Generated Evidence
- Section 13.32 Expert Testimony Regarding Financial and Economic Matters
- Section 13.33 Expert Testimony on the Value of Personal and Real Property
- Section 13.34 Expert Testimony on the Value of Services
- Section 13.35 Expert Testimony on Commercial Values and Economic Losses
- Section 13.36 Expert Testimony and Scientific Evidence
- Section 13.37 Use of the Nontestifying Expert
- Section 13.38 Sources for Identifying, Locating, and Obtaining Experts
- Section 13.39 Publications as Sources of Expert Witnesses
- Section 13.40 Organizations as Sources of Expert Witnesses
- Section 13.41 Internet as a Source of Expert Witnesses
- Section 13.42 Westlaw and Lexis as Sources of Expert Witnesses
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