This page provides links to some recent cases involving challenges to external experts that employ data or methodologies similar to those used by VEI experts. They are discussed here to emphasize the importance of the appropriate use of disability statistics.
| Case Citation | Summary | Issues Involved |
| Anglin v. Reed; Indiana | Male with neck injuries resulting in constant, frequently severe pain in neck and head | |
| Elcock v. Kmart; Virgin Islands | Female with back and leg injuries; unable to continue in full capacity as Mary Kay dealer |
Inaccurately listed as a case rejecting use of VEI worklife tables |
| Garland v. Rossknecht; South Dakota | Male sustained injury in a vehicular accident resulting in the need to take longer breaks than prior to injury |
Lack of foundation for opinion regarding reduced earning capacity via expert's use of worklife with no statistical support |
| Hough-Scoma v. Wal-Mart; New York | Female nurse with cervical injuries; able to return to work with accommodations |
Insufficient foundation laid for judicial acceptance of the worklife tables |
| Jackson v. Roadway; Indiana | Male machinist sustained injury in vehicular accident; able to return to usual job, but work reduced hours |
Reliability of methodology, including use of the worklife tables |
| Michels v. United States; Iowa | Male college student with severe leg injury |
Use of disability worklife by an economist despite opinion of rehab expert stating no worklife loss; Used older edition published before passage of the Americans with Disabilities Act |
| Nilavar v. Osborn et al.; Ohio | Appellate level case upholding validity of The New Worklife Expectancy Tables for use in a commercial case. |
Contention that The New Worklife Expectancy Tables are unreliable |
| Petridge v. Hewlett-Packard; Idaho | 57-year-old female with low back pain, diverticulitis, and depression |
Correct use of The New Worklife Expectancy Tables Validity of the data underlying The Tables |
| Phillips v. Industrial Machine; Nebraska | Female with cervical injury, unable to continue in her pre-injury employment |
Lack of supporting medical evidence Use of older edition of the worklife tables Use of average disabled statistic without regard for specific plaintiff characteristics |
| Scott v. Pyn; South Dakota | Male with back and neck injuries |
Peer review process Rodgers article Phillips v. Industrial Machine Strickland v. Roosevelt County |
| Scupp, Peterson v. Grabel; New Jersey | Male with low back injury resulting in fusion | |
| Schieber v. City of Philadelphia; Pennsylvania | Death case regarding a 23-year-old woman |
Acceptability of exploring possibility of work at advanced ages when tempered with probabilities in LPE method. |
Last modified: Tuesday October 14, 2008 03:31 PM