Justices Toss Out ALJ's Demand of Study from Doctor

A doctor's testimony cannot be discounted for failure to provide a study backing up her conclusions, the North Dakota Supreme Court found. In Swenson v. Workforce Safety & Insurance Fund, 20070049, 09/05/2007, the state high court ruled that personal experience can provide adequate support for a doctor's testimony. "An expert may present a competent, objective medical opinion based upon her experience, education, and examination of the patient, without corresponding support from a treatise or study. Such support may be persuasive, but it is not required," the justices ruled. Timot...