Another Hurdle to Prove an Occupational Disease Claim

An attempt to restrict the admission of scientific evidence has been proposed on the Federal level. Even though states have maintained their independence for the most part on this issue, the suggested changes signal an emerging national effort to restrict further the admissibility of scientific evidence that may trickle down to the state judicial systems.

OSHA's vague COVID-19 reporting guidance

OSHA issued a COVID-19 reporting guidance that lacks a foundation in essential epidemiology as well as legal evidentiary principles for admissibility. It is doubtful that court of law would permit the guidance to be used for the determination of causal relationship.

The Admissibility of Scientific Evidence: A New Evidentiary Standard

The New Jersey Supreme Court has adopted a new evidentiary standard to evaluate the admissibility of scientific evidence. While expanding the guidelines to consider Daubert factors in determining the admissibility of expert testimony, the Court did not embrace the full body of Daubert case law as applied by 39 other state and federal courts. Daubert v. Merrill Dow Pharms., Inc. 509 U.S. 579 (1973), N.J.R. Evid. 702.