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Expert challenges in workers comp
- 1. If It Walks Like a Duck, and Talks Like a Duck, It’s Probably a ... Dealing With the Carrier’s Experts on Judicial Review
- 2. Who Am I and Why Am I Here?
- 3. I am John
- 4. Lubbock
- 5. I Used To Practice Here
- 6. Retire
- 8. $150/hr
- 9. Retire
- 10. Most of my practice is here
- 11. Austin
- 12. Pretrial Issues in Judicial Review
- 13. Pretrial Issues
- 14. Jurisdiction
- 15. Venue
- 16. Discovery
- 19. Important Issues
- 20. EXPERT WITNESS
- 24. TEX.R.EVID. 702 Understand the Evidence
- 25. TEX.R.EVID. 702 Determine a Fact in Issue
- 34. Daubert
- 35. Robinson
- 37. Gatekeeper
- 38. Qualified
- 39. Relevant
- 40. Reliable
- 41. Relevant
- 42. “A jury more readily accepts the opinion of an expert witness as true simply because of his or her designation as an expert” Robinson
- 43. Reliable
- 44. Six Factor Test
- 45. Robinson •The extent to which the theory has been or can be tested
- 46. Robinson •The extent to which the technique relies upon the subjective interpretation of the expert
- 47. Robinson •Whether the theory has been subjected to peer review and/or publication
- 48. Robinson •The technique’s potential rate of error
- 49. Robinson •Whether the underlying theory or technique has been generally accepted as valid by the relevant scientific
- 50. Robinson •The non-judicial uses which have been made of the theory or technique
- 51. •“Trial courts may consider other factors which are helpful to determining the reliability of scientific evidence” Robinson
- 52. Burden
- 53. Relevant
- 54. Reliable
- 55. Proponent
- 56. Question?
- 57. EXPERT WITNESS
- 59. Answer
- 60. Gammill
- 61. Reliable
- 62. Relevant
- 63. EXPERT WITNESS
- 64. Six Factor Test
- 65. Six Factor Test
- 66. Gammill Nothing requires a court to admit evidence which is connected to existing data only by the ipse dixit of the expert
- 68. Practical Advice
- 70. Wrong Specialty •Broders v. Heise “Given the increasingly specialized and technical nature of medicine, there is no validity, if there ever was, to the notion that every licensed medical doctor should be automatically qualified to testify as an expert on every medical question.”
- 71. Missing Key Facts •Borg-Warner v. Flores “the record reveals nothing about how much asbestos [plaintiff] might have inhaled.”
- 72. Unsupported Jump “If skill and experience were all Rule 702 required, merely establishing the witness’s qualifications would show the relevance and reliability of the testimony every time.” Gammill at 722
- 75. Fails to Rule Out Alternative Causes •Robinson
- 77. Reports
- 78. Reports “Elicited by an outside interested source” Freeman v. American Motorist
- 79. Reports “Elicited by an outside interested source” Freeman v. American Motorist
- 80. Where to Find Dirt
- 81. Websites •American Academy of Orthopaedic Surgeons •American Academy of Pain Medicine •American Board of Internal Medicine •American Board of Psychiatry and Neurology
- 82. you may not know...
- 83. radiologists
- 84. should not wear white coats
- 87. white coat
- 88. Do you ALWAYS
- 89. white coat
- 90. Websites •American Academy of Orthopaedic Surgeons •American Academy of Pain Medicine •American Board of Internal Medicine •American Board of Psychiatry and Neurology
- 94. Websites
- 98. If you want to practice here
- 99. EXPERT WITNESS
- 100. EXPERT WITNESS
- 101. Retire