Experts in Workers' Comp Litigation: Witness Selection, Deposition Strategies, Admissibility Challenges
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Thursday, March 13, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine using expert witnesses in workers' comp cases. The panel will discuss criteria for selecting qualified expert witnesses who can best withstand possible Daubert/Frye (or similar) challenges. The panel will address deposition strategies when preparing to defend or depose an expert and offer best practices for bringing or defending a challenge to the admission of expert testimony.
Mr. Gedeon handles complex multi-party employment litigation with a proven track record of high quality results for his clients. Outside the courtroom, he maintains an active workers’ compensation defense practice helping employers in Ohio and across the nation. Mr. Gedeon has been involved in hundreds of workers’ compensation appeals related to allegations of occupational injury and disease, with an emphasis on the healthcare, manufacturing, restaurant, food service, education and retail industries.
Ms. Miguel-Courtad has has been representing individuals in workers’ compensation claims and discrimination claims for 25 years. She also has a very active practice in workers’ compensation appeals to court and goes to trial on several cases per year. Ms. Miguel-Courtad represents clients in front of the EEOC and OCRC and Unemployment Compensation Review Commission. Her employment practice consists of filing lawsuits in Common Pleas Court and Federal Court.
Workers' comp cases often heavily rely on experts for testimony related to the employee's workplace injury and surrounding circumstances. Expert witnesses possess specialized knowledge or expertise in a particular field and are called upon to provide objective opinions on specific matters related to the case. In workers' comp cases, experts are often used to provide opinions related to medical diagnoses and safety protocol among other things.
Counsel should anticipate admissibility issues prior to retaining experts as well as when developing expert discovery strategies to be in the best position to withstand Daubert/Frye challenges or other similar standards used in a handful of states.
Listen as our expert panel provides an overview of using expert witnesses in workers' comp cases. The panel will address when experts should be used and how to select qualified experts who meet admissibility criteria. The panel will also offer best practices for deposing and defending expert witnesses and for bringing and defending against admissibility challenges.
- Introduction
- When expert witnesses may be required
- Types of expert witnesses often used in workers' comp cases
- Expert witness strategies
- Selecting an expert witness
- Anticipating admissibility issues
- Deposing and defending the expert witness
- Bringing and defending expert admissibility challenges
- State standards: Daubert/Frye, other comparable standards
- Best practices for litigators
- Practitioner takeaways
The panel will review these and other important considerations:
- When should expert witnesses be used in a workers' comp case?
- How do admissibility standards impact expert witness selection?
- What are best practices for deposing an expert witness? Defending an expert witness?
- How can counsel effectively challenge an expert witness' testimony? When should counsel not bring a Daubert/Frye motion?
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