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Estate of Fred Larry Mitchum v. Triple S Trucking

10/18/1991

into evidence. We disagree. The admission or rejection of evidence is a matter within the sound discretion of the . Here, the record indicates that after the test sample was drawn it was marked with worker's name and subsequently tested by a laboratory technician. Dr. Standefer testified that he reviewed the deposition of Frank Funk, a medical technologist, who drew the blood sample from worker. He stated that the manner in which the blood sample was taken and the blood-alcohol test performed was proper and confirmed that the sample tested had been in fact taken from worker. Under these circumstances, we find no error in the admission of test results. It is the role of the WCJ to resolve conflicts in the evidence to determine whether a proper foundation has been established and to resolve questions of admissibility. See .


Conclusion


The decision of the WCJ is affirmed.


IT IS SO ORDERED.


MINZNER and PICKARD, JJ., concur.




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