Baricko v. Barnett Transportation, Inc.
42 FLW D174
Court determined that the standard adopted for considering expert testimony as stated in Daubert v. Merrell Dow Pharm. Inc., 509 U.S. 579 (1993) applies in workers' compensation cases notwithstanding the fact that the Supreme Court has not adopted the standard as being a part of the Florida Evidence Code. Although the Florida Supreme Court has the authority to adopt procedural rules for judicial proceedings under Article V, Section 2(a) (of the Florida Constitution), the court does not have the authority to establish procedural rules for executive branch quasi judicial proceedings such as those under Chapter 440, Florida Statutes. Even if the Supreme Court declines to adopt the Daubert test in Section 90.702 for judicial proceedings because the test is procedural in nature, that decision will have no impact on the applicability of Daubert in workers' compensation proceedings.