7th Circuit Affirms Exclusion of Testimony from Vocational Rehabilitation Counselor
The Seventh Circuit has published an opinion affirming the district court's exclusion of testimony from a vocational rehabilitation counselor in an ADA case. The counselor's initial view was that the employee's workplace knee injury rendered him incapable of performing most of his job functions. But after she was retained as an expert in the employee's ADA case, the expert concluded that he could perform the majority of them. She did not re-interview the employee before reversing field, nor was she familiar with the machinery that it was the employee's job to repair. See Ammons v. Aramark Uniform Servs., Inc., No. 03-1036 (7th Cir. May 21, 2004) (Flaum, Manion, & Williams, JJ.).
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