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Thread Title: Experts for Diminished Future Earning Capacity?
Created On Tuesday January 03, 2006 9:16 AM

dnakamoto
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Tuesday January 03, 2006 9:16 AM

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Hello Everyone!

I have a case that will most likely go to trial. One of the contested issues will be the applicant's diminished future earning capacity. Does anyone know knowledgeable experts in the vocational rehabilitation arena that would be able to provide expert testimony in this capacity (as a defense witness)? Much help would be appreciated.

ivc@earthlink.net
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Tuesday January 03, 2006 10:04 AM

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I have an excellent referral for you. Email me at ivc@earthlink.net

gaiassoul1@yahoo.com
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Tuesday January 03, 2006 1:15 PM

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Keith Wilkinson, be back with the phone number and contact info.

Keith Wilkinson & Associates
1971 E. 4th St., Ste. 280 " Santa Ana, CA 92705
Phone: (714) 543-7399 " Fax: (714) 543-9910
kwakw@pacbell.net
Degree(s): MA, Human Resources, U of San Francisco, 12/1/1989

Have used him in cases, he is credible and understands the system.

In the meantime, make sure that in your stips and issues it states something like this:

"If the vocational rehabilitation expert or any other witness is to testify as to the future earning capacity of the applicant, Defendants move to strike all testimony regarding diminished future earning capacity as per Labor Code 4660 (b)(2), the AD is directed to develop the adjustment for future earning capacity. Therefore, Defendants contend that any testimony on this issue is inadmissible as the Administrative Director is the sole arbitrator of the rating adjustment for this issue."

Edited: Tuesday January 03, 2006 at 1:18 PM by gaiassoul1@yahoo.com

denyse
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Saturday January 07, 2006 7:42 PM

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That's The Zenith mantra. Is that your employer Ginger?

gaiassoul1@yahoo.com
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Sunday January 08, 2006 9:18 AM

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Nope, I no longer have to work inside the political animal of an insurance co. I work for a insurance co. defense law firm.

It is not only the Zenith mantra, it is also for many other insurance companies and TPAs. But for me it is personal experience on a number of other cases for many other employers.

denyse
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Sunday January 08, 2006 6:58 PM

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Thanks Ginger. I never quite understood why the defense was even engaged in the dialogue - then again, I guess you have got a real problem if a judge lets it in (and your don't have a rebuttal), and this ends up making bad case law. I don't see this happening, especially in light of the recent wave of adverse rulings vs the applicant. I think the decision should come from the carrier/TPA, to be on the safe side.

Your thoughts are much appreciated. With the exception of that "swiftboat" on the poor doc (interpolations), I always look forward to your thoughts.

dnakamoto
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Tuesday January 10, 2006 9:42 AM

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thank you all so much for the help. I'm just being proactive at this stage, as AA has indicated that he will seek a voc rehab expert to testify concerning diminished future earning capacity.

Thanks gaiassoul1 for the wording I will definitely use on my stips and issues!

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