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External Challenges

Challenge Issues Challenge Cases
VEI Challenges
External Challenges

 

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

Skoog and Toppino article

Peer review, General acceptance

Use of statistical averages

Hamel letter

CPS data validity

CPS use by other researchers
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

Use of statistical average
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

Skoog and Toppino article

Validity of the data underlying The Tables

Criticism by a government economist

Peer review of 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

General acceptance

Use of statistical averages

Peer review process

Skoog and Toppino article

Rodgers article

Phillips v. Industrial Machine

Michels v. U.S.

Hough-Scoma v. Wal-Mart

Strickland v. Roosevelt County

Rate of error
Scupp, Peterson v. Grabel; New Jersey Male with low back injury resulting in fusion

Daubert standards
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.

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Last modified: Friday October 15, 2004 12:25 PM

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