---
title: "Physical Medicine & Rehabilitation Expert’s Opinion as to the Permanency of Injuries Excluded"
meta:
  "og:description": "As the parties do not dispute the inadmissibility of the physical medicine and rehabilitation expert, the Court grants Defendant's motion"
  "og:title": "Physical Medicine & Rehabilitation Expert’s Opinion as to the Permanency of Injuries Excluded"
  author: "Expert Witness Profiler"
  description: "As the parties do not dispute the inadmissibility of the physical medicine and rehabilitation expert, the Court grants Defendant's motion"
---

# Physical Medicine & Rehabilitation Expert’s Opinion as to the Permanency of Injuries Excluded

Posted on March 20, 2025 by Expert Witness Profiler

Plaintiff Manuel G. Milan commenced this action against New Jersey Transit Rail Operations, Inc. seeking damages for injuries sustained to his ankle and low back under the Federal Employers’ Liability Act.

Defendant challenged the expert medical opinions of Dr. [Aaron Bellew](https://expertwitnessprofiler.com/expert-witness/Aaron-Bellew/1563335), DPM and Dr. [Jason Smith](https://expertwitnessprofiler.com/expert-witness/Jason-Smith/1563334), M.D. Bellew and Smith offered testimony as to the Plaintiff’s disability, permanency of injuries and limitations.

## **Podiatry Expert Witness**

[Aaron Bellew](https://expertwitnessprofiler.com/expert-witness/Aaron-Bellew/1563335) holds a Bachelor’s degree from St. Francis College and a medical degree from the New York College of Podiatric Medicine. He completed a four-year residency in Foot & Ankle Trauma/Reconstructive Surgery at New York Hospital, Queens, and has advanced training in various surgical techniques from New York-Presbyterian/Columbia University Medical Center. He is a member of the American College of Foot & Ankle Surgeons and the American Podiatric Medical Association.

[Get the full story on challenges to Aaron Bellew’s expert opinions and testimony with an in-depth Challenge Study.](https://expertwitnessprofiler.com/order/add?eId=1563335&amp;pId=3) 

## **Physical Medicine & Rehabilitation Expert Witness**

Dr. [Jason Smith](https://expertwitnessprofiler.com/expert-witness/Jason-Smith/1563334) is board-certified in physical medicine and rehabilitation. He earned his medical degree from UMDNJ-New Jersey Medical School, completed a physiatry residency at JFK-Johnson Rehabilitation Institute (serving as chief resident), and a fellowship in interventional spine and sports medicine at Coordinated Health in Bethlehem, PA. He practices at Atlantic Medical Group, emphasizing patient-centered care.

[Want to know more about the challenges Jason Smith has faced? Get the full details with our Challenge Study report.](https://expertwitnessprofiler.com/order/add?eId=1563334&amp;pId=3) 

## **Discussion by the Court**

The Defendant moved to dismiss the Plaintiff’s case, arguing their experts’ opinions were inadmissible. The Plaintiff countered that expert testimony wasn’t even needed, but if it was, one expert (Bellew) was qualified. The Court, noting the Plaintiff’s burden to prove admissibility, found the parties’ arguments regarding Bellew insufficient for a ruling. Therefore, the Defendant’s motion was denied without prejudice on that point, allowing them to re-argue Bellew’s admissibility and address the qualification, reliability and fit prongs later. However, the Plaintiff conceded the inadmissibility of the other expert’s (Smith) causation opinion, so the Court granted the Defendant’s motion regarding Smith.

Because the Defendant failed to adequately brief the _[Daubert](https://www.law.cornell.edu/wex/daubert_standard)_ issues, the Court is not in a position to evaluate the Plaintiff’s ability to prove medical causation.

## **Held**

The Court granted in part Defendant’s motion with respect to excluding Dr. Jason Smith’s opinion.

## **Key Takeaway**:

While the Court excluded one expert’s opinion (Smith) due to the Plaintiff’s concession, it deferred ruling on the admissibility of another expert’s opinion (Bellew) due to the Defendant’s inadequate legal arguments, specifically regarding the _Daubert_ standards. Furthermore, the Court was unable to rule on medical causation due to the Defendant’s improper briefing of the _Daubert_issues. This emphasizes the importance of proper legal briefing, especially regarding expert testimony, and the Court’s adherence to _Daubert_ standards for admissibility.

## **Case Details:**

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