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Home News & Case Notes Work Comp: Lay testimony of co-worker insufficient to prove asbestosis claim Supreme Ct. rules on standard for admission of lay opinion evidence (11/29/2004) - A steel worker who died of lung cancer is not eligible for death benefits because testimony offered by a fellow plant worker that he believed workers there were exposed to asbestos was not sufficient under the standard of Pennsylvania Rule of Evidence 701, the Supreme Court ruled on Nov. 22 in Gibson v. WCAB (Armco Stainless Steel & Alloy). The court reversed an order of the Commonwealth Court that decided that the co-worker’s testimony was sufficient evidence to support the determination of the WCJ that asbestos exposure was a significant contributing factor in the death. The Supreme Court ruled that the lay witness did not possess sufficient experience or specialized knowledge that qualified him to offer technical opinion regarding the presence of asbestos in the workplace.