Trial Court Erred in Admitting Expert's Report Without Deposition

JACKSON, Tenn. - The Tennessee Supreme Court has dismissed a worker's claim for benefits for occupational asthma, overruling a trial court that accepted an independent physician's report despite the physician's inability to appear for deposition. Arias v. Duro Standard Products Co., et al., No. 65071 (Tenn. Sup. Ct.).

The high court found the remaining evidence insufficient to prove Alisia Arias' claim that exposure to workplace dust caused her asthma.

Arias began working for Duro Standard Products in April 2006, manufacturing paper bags. She complained that a malfunctioning fan near her workspace blew dust toward her body and face on June …