Therapist's Opinions Struck Down by Judge in Florida Jones Act Case

A Florida Circuit Judge struck the bulk of the opinions of a physical therapist, Trevor Bardarson, sole owner of Worksaver Employee Testing Systems, in a Jones Act personal injury case pending in Escambia County, Florida. The Order, dated August 3, 2023, can be accessed here.

Trevor Bardarson was hired and paid by a company called Skanska to conduct a Functional Capacity Evaluation of a Deckhand who was injured on the job with Skanska and represented by VB Attorneys. Mr. Bardarson conducted a 4-hour examination.

Mr. Bardarson issued a report, in which he indicated he conducted a “validity assessment,” and based on that, he reported the injured Deckhand was faking symptoms. According to Mr. Bardarson’s testimony in deposition (which can be accessed here), Mr. Bardarson makes such claims in 40% to 50% of his examinations of injured workers. Mr. Bardarson admits most of the time he is hired by companies, rather than by injured workers.

The Circuit Judge struck Mr. Bardarson’s “validity assessment” opinions on grounds including the following:

● The opinions were not “based on sufficient facts or data”;
● The opinions were not based on“reliable principles and methods”;

The Circuit Judge ruled Mr. Bardarson’s “validity assessment” opinions were unreliable after VB Attorneys pointed out that they have never been tested, never been subjected to peer review and publication, have no known rate of error, and are not generally accepted in any scientific community.

The Circuit Judge also struck Mr. Bardarson’s opinion on a medical issue because it “constitutes speculation.”

According to Mr. Bardarson, Worksaver Employee Testing Systems has over 240 clinics in 43 different states, and conducts over 22,000 exams in a year.