Citation

Sinclair DC. J. Occup. Environ. Med. 2010; 52(4): 456-461.

Affiliation

Sinclair Pllc, Occupational and Environmental Legal Consulting, Wheeling, WVa.

Copyright

(Copyright © 2010, Lippincott Williams and Wilkins)

DOI

10.1097/JOM.0b013e3181d284d7

PMID

20357683

Abstract

OBJECTIVE:: Identify an evidence-based paradigm for the determination of causation of occupational injury and illness litigation. METHODS:: The Westlaw and LexisNexis databases were used to identify legal principles governing the admissibility of scientific evidence in legal proceedings. The Medline database was referenced to identify evidence-based methods for the determination of causation complying with legal precepts for the admissibility of scientific testimony. RESULTS:: Expert witness testimony must be relevant and reliable. Testimony must be sufficiently based on reliable facts and data. Testimony must be the product of reliable principles or methods. The witness must have reliably applied the principles and methods to the facts of the case. CONCLUSIONS:: Conscientious application of the National Institute for Occupational Safety and Health Guide for the Determination of Work-Relatedness of Disease, as adapted, comports with legal prerequisites for the admissibility of scientific evidence in medicolegal proceedings.

Language: en