EXPERT TESTIMONY
Admissibility of opinions
Portions of the testimony of an internist could be excluded to the extent the internist relied on tests not widely used in the medical community to diagnose toxic exposure. ....Laurie Anderson, 93 3571 (1996) [Editor's Note: The Board's decision was appealed to superior court under King County Cause no. 95-2-0188-8.]
Conclusions
An expert witness could testify about his conclusions based on a NIOSH report and be questioned regarding his reliance on the report. Citing ER 703. ....Nancy Proszek, 92 6049 (1995)
Physician's Assistant
Because the Department's medical aid rules permit a physician's assistant to render opinions on causation, a physician's assistant's opinion is a sufficient expert opinion to prove causation of a diagnosed condition. ….Evelyn Woods, 07 23506 (2009)
Scope of expertise
Psychologist diagnoses of certain mental health conditions not listed in DSM-IV were within the psychologists' scope of practice and were valid diagnoses of the worker's conditions caused by the exposure at work. ….Diana Gegg, 08 16647 (2010)
A physical therapist is not qualified to render opinions of medical causation. ....Juan Muñoz, 05 11698 (2007) [Editor's Note: The Board's decision was appealed to superior court under King County Cause No.07-2-38541-0KNT].
An occupational therapist who is properly qualified as an expert is competent to testify regarding findings and conclusions regarding a worker's physical limitations. ....Peter Kunst, 04 14164 (2005) [Editor's Note: The Board's decision was appealed to superior court under Snohomish County Cause No. 06-2-05600-9.]
The Board can rate a permanent partial disability based on findings of a non-physician expert qualified to make disability-related findings when the record also contains medical evidence establishing the existence of a permanent partial disability. ....Bertha Ramirez, 03 14933 (2004) [dissent] [Editor's Note: The Board's decision was appealed to superior court under King County Cause No.04-2-25966-5 SEA.]
Because a psychologist is not a physician as contemplated by WAC 296-20-210, the psychologist cannot rate permanent partial impairment. ....William Russell, 95 0628 (1996)[dissent]
An orthopedic surgeon, even though not licensed to practice chiropractic, is qualified to testify regarding a worker's need for continued chiropractic treatment. ....Leon Wheeler, 70,344 (1986)
Vocational expert testifying by hypothetical
There is no requirement that a vocational expert see or interview a worker before offering an opinion as to the worker's employability. The fact that the expert testimony is based purely on a hypothetical question goes only to its weight and not to its admissibility. ....Lawrence Larsen, 54,979 (1980)