Expert, Independent File Review, Expert Witness Testimony
KWA helps determine the vocational and return-to-work implications,
including diminished earning capacity, if relevant, and provides
- Family Law/Divorce
- Personal Injury
- Workers’ Compensation cases
Expert Qualifications and Standards
Since 1923, the standard for admissibility of expert scientific
testimony has rested on the legal precedent established in Frye
v. United States. The so-called "Frye" test of admissibility
has been widely embraced, requiring that scientific evidence meet
"general acceptance " criteria. This demanded that,
prior to being considered admissible by the Court, expert testimony
must be based upon "scientific principle or discovery, ...
sufficiently established to have gained general acceptance in
the particular field in which it belongs."
However, in Daubert v. Merrell Dow Pharmaceuticals, Inc., 113
S. Ct. 2786, 2795 (1993), the United States Supreme Court held
that the Federal Rules of Evidence superseded Frye and provided
the standard for admitting expert scientific testimony. Among
others, the Supreme Court referenced Rule 702 of the Federal Rules
of Evidence, which requires scientific expert testimony to be
reliable (based on scientific knowledge, methods and procedures)
and relevant (testimony which will assist the Trier of Fact).
Specifically, under Daubert, a judge will consider:
The expert's qualifications.
Reliability and scientific validity of the expert theories
and methodologies. This involves modification of the Frye
test of general acceptance in the scientific community to
include the application of factors discussed or implied
in Daubert, including, but not limited to:
The extent to which theories, methods and
procedures used by the experts have been, or can be, tested.
Whether the theories, methods and procedures have been
subjected to peer review or publication.
The potential error rate (frequency of erroneous results).
The existence and maintenance of Standards.
Whether expert theories, methods, procedures
and instrumentation have been generally accepted by the
relevant scientific community.
Job Search Software Under Daubert
One general expectation is that the instruments used to assess
disabilities and predict their consequence will need to be reliable
(provide consistent results) and valid (measure what it is expected
to measure) and have known acceptable error estimates (accuracy
Job Search Software programs represent trait-factor job-person
matching systems. Their main task is accomplished through the
use of the specialized database management system that stores
and retrieves information. Employability search inputs for specific
client include past relevant work history and a Worker Qualifications
Profile. Outputs typically include potential job title matches,
transferable skills, expected earning capacity/wage potential
and links to lists of likely employers.
At KWA we use the McCroskey Transferable
Skills Program (MTSP), the most comprehensive, up-to-date
and powerful Job-Person Matching. Transferable Skills Analysis,
Values, Needs, Vocational Interest & Personality Reinforcer
(VIPR) Type Indicator, and Earning Capacity Estimation System
available in the U.S. in all vocational and expert assessments.
The McCroskey Dictionary of Occupational Titles (McDOT), TestPlot
Program (McPLOT) and McCroskey Transferable Skills Program (MTSP)
These programs use the McCroskey Vocational Quotient Systems(VQs)
index of job complexity to order the world of work in terms of
maximizing job matches and earning capacity relative to individual
employability. The McPLOT program combines percentile test results,
physical capacities and environmental rating scores to produce
the 24 vocationally significant aptitude variables listed in the
McDOT database (a 1996 updated version of the 1991 US DOL DOT).
These aptitudes can be combined with past work history in the
MTSP program to produce transferable skills job matches and employment
potential job titles relative to general and/or specific geographic
locations (Canada & Canadian Provinces, the United States,
all 50 individual states, Puerto Rico, and hundreds of U.S. County
databases), various specific location codes for those titles,
job market access and expected Pre- and Post-income per hour predictions.
The VQ-Wage predictions are modified by Geographical Location
codes, age, and a yearly U.S. Wage inflation rate to produce the
individualized Pre-injury and Post-injury Earning Capacity Range
Because you have an excellent reputation with both sides, I will
start proposing you as an agreed expert.