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Thread Title: Points and Authorities on Diminished Future Earning Capacity
Created On Friday April 14, 2006 8:59 AM

dnakamoto
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Friday April 14, 2006 8:59 AM

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I'm draftin Points and Authorities on the subject of applicant attorney's use of an expert in diminished future earning capacity. Specifically, I'll be arguing that any testimony from an expert is inadmissible on the basis of Labor Code 4660(b)(2), which provides that the Administrative Director is vested with the authority to accomplish this goal. Thus, any testimony and evidence presented from outside sources (experts), is inadmissible, as only the AD can accomplish this.

Has anyone drafted Points and Authorities on this issue? Much help would be appreciated. This is such a new area of litigation, that I can't find any caselaw on the subject.

rjdesq@sbcglobal.net
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Saturday May 27, 2006 9:41 PM

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Dnakamoto:

I have prepared a Petition for Removal in a Stockton venue case, would that be of assistance to you?

darlene@dietzgilmor.com
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Tuesday April 24, 2007 5:37 PM

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Did you ever receive a reply to your query? I am trying to argue the same point - except I am in Gro. There, the judge has already ruled that aa can present his witness to rebut the PD schedule. He also allows "evidence" that is, opinion papers by so-called experts. I am thinking to attack the credentials as well as to use LC 4660(b) (2). Anyway, how did you do?

klickitty
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Thursday July 26, 2007 1:17 PM

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Has anyone else addressed this issue? If so, how?

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