Webinar: Rules of Evidence, FRE 702, CAL Workers' Comp, for Expert Witnesses

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Description

The Federal Rule of Evidence (FRE 702) governs expert testimony in federal court. A witness who is qualified as an expert by knowledge, skill, experience, training or education my testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not (Concept of reasonable certainty or probability). In California Workers' Compensation litigation, the Vocational Expert must meet rules of evidence for substantial vocational evidence, requiring certain procedures and documentation consistent with supporting professional opinions. This session will discuss rules of evidence, how to meet those requirements, and how to avoid exclusion of testimony.

Credits: 1.0 CEs of the following credits have been applied: ABVE, CCMC, CDMS, CRC-CVE (Pending Approval)

CE approval codes valid through May 2025.

Speakers: Roderick Stoneburner, M.S., ICVE, IPEC, ABVE and Frank Diaz, California Chapter - Legislative Chair

Learning Objectives:

Identify and define the specific criterial pertaining to the Federal Rules of Evidence 702.
Identify and define criteria for California Workers' Compensation criteria for substantial vocational evidence.
Summarize and apply basic scientific principles used by expert witnesses.
Identify requirements to establish credibility as an expert witness.

Contributors

Rod Stoneburner MS, ICVE, IPEC, ABVE

Mr. Stoneburner received his master’s degree in Rehabilitation/Vocational Evaluation from the University of Arizona (1973) and completed additional graduate work in Rehabilitation Counseling Psychology at the University of Southern California and Organizational Leadership at Pepperdine University (Ed.D. abd).He has been a Certified Rehabilitation Counselor since 1979, retiring his certification in 2016. He provided preparatory training for the CRC examination as well as served as a proctor for the examinations.

Mr. Stoneburner has been affiliated with graduate programs in vocational rehabilitation at California State University locations in Los Angeles and San Bernardino from 1984 to 2009 as an advisory board member and adjunct professor. His professional history includes practicing in the field of Vocational Rehabilitation in Southern California and, more specifically, in California’s Workers’ Compensation system since 1975. He has been retained as an expert witness (both applicant and defense) for Workers’ Compensation, Personal Injury, Employment Law, Family Law and the Social Security Administration, having testified in numerous court cases relating to disability, employment issues, vocational assessment, residual earning capacity and determination of employability.

He has published articles in the IARP professional journal on evidence-based vocational evaluation, a forensics-based approach designed to formalize vocational evaluations to meet demands of credibility and conformance to legal standards. He presented at the ABVE conference in March 2021 on Evidence-based vocational evaluation. He has presented at the AREA conference in May 2022 and for VECAP in a December 2022 Webinar on Transferable Skills Analysis; MVQS & SkillTRAN. He has provided training for Job Analysis and Transferable Skills Analysis and Ergonomics. He participated in the development of the vocational evaluation training for ICVE, including preparation of test questions, and is currently involved with VECAP for training and mentoring for Vocational Evaluation professionals. He is serving on the ABVE Educational Committee in developing and preparing a comprehensive training program for forensic vocational evaluation. He is currently involved in Mentoring professionals in the field who have interest in vocational evaluation forensics.
Frank Diaz CDMS

Mr. Frank P. Diaz has been a Vocational Consultant and Vocational Counselor for over 43 years providing vocational services for industrially injured employees, sight and hearing-impaired individuals, developmentally disabled individuals, individuals with substance abuse issues, the economically disadvantaged, or for individuals simply seeking a career change. Mr. Diaz is also experienced in the preparation of on-site job analyses, and for ten years provided on-site job analyses regarding the employees for the Santa Clara County Department of Corrections.

Diaz & Company is a full-service, vocational consulting firm that was founded in 1987 by Mr. Frank P. Diaz. As a Forensics Vocational Expert, Mr. Diaz has provided vocational opinions in the fields of law regarding Workers' Compensation, Longshore and Harbor Workers, Long Term Disability, Social Security, and Personal Injury.

Prior to establishing Diaz & Company, Mr. Diaz practiced in various non-profit firms obtaining experience with various cultural backgrounds including refugees from the Cambodian Khmer Rouge and refugees from the Soviet Union’s invasion of Afghanistan. Mr. Diaz established and administered various training programs that returned to work individuals with sight impairment, hearing impairment, developmental disabilities, and Farm Workers.

From 1985 through 2005 Mr. Diaz counseled injured workers for the State of California’s Workers’ Compensation program. Mr. Diaz was successful in direct job placement, on-the-job training programs, and vocational training program development that returned injured workers back to the labor market.
Mr. Diaz served as a Social Security Vocational Expert between the years of 1987 and 1997, and gave testimony in over 700 cases. Overall, he has worked with over 12,000 individuals in rendering an opinion regarding their level disability or establishing a career path following an injury.

Diaz & Company is located in Pacifica, California; however, Diaz & Company is able to evaluate individuals nationwide with the use of Zoom. Diaz & Company was the first vocational consulting firm to utilize virtual evaluations in the State of California in 2008.

Mr. Diaz has qualified as a Vocational Expert at the Workers’ Compensation Appeals Boards (WCAB) located in San Francisco, Oakland, Stockton, Walnut Creek, San Jose, Santa Rosa, and Salinas. He has also qualified and testified as a Personal Injury Vocational Expert at the Superior Court of Marin County, Superior Court of the City and County of San Francisco as well as for Longshore in Federal Court in San Francisco, California.

Mr. Diaz has obtained favorable decisions including Michael Thomas v. Peter Kiewit Son’s, Inc., Thomas Hasson v. Ann Taylor regarding the Vocational Expert’s ability to use medical objective findings of pain in determining an individual’s level of disability.

In the Cindy Kenzy v. Flour Creations as well as in the Thomas decision, Mr. Diaz established that a Vocational Expert can utilize the concept of synergy to show that multiple injuries create a greater level of disability when taken in their entirety rather than when taken individually.

In the Euwanda Sexton v. American Red Cross, Mr. Diaz established an understanding of the concept of amenability to rehabilitation in the State of California Workers' Compensation System.

Mr. Diaz developed and sells a cloud-based case management software, Convergence Case Management Data Retrieval Software, which is designed, implemented, and sold for vocational offices for office administration and client tracking. This software has allowed Diaz & Company to create a virtual office allowing his staff to work from various locations throughout the United States.

Mr. Diaz holds a United States Patent (Patent Number: 6539647) for a Safety Shoe.

Thank you

Description

Learning Objectives:

Contributors

Rod Stoneburner MS, ICVE, IPEC, ABVE

Frank Diaz CDMS