Long-term disability expert witnesses have expertise in planning for various matters related to healthcare and finance, all of which may become the subject of a lawsuit. Long-term disability expert consulting may provide valuable information for understanding social security disability, life care planning, and other programs and issues pertaining to the field.
Long-term disability expert witnesses often have experience with disability insurance, as long-term disability insurance differs from other types of medical healthcare coverage. Unlike short-term disability healthcare insurance, long-term disability insurance takes certain measures into consideration, including rehabilitation counseling and other such programs, medical treatment designed for long term care, and life care planning. Because long-term disability may affect whether an individual can adequately work, many long-term disability expert witnesses are experienced with workers compensation, wage earning capacity, loss of earnings, wrongful termination, vocational rehabilitation and other vocational services, and other matters related to employment.
Long-term disability expert witnesses are also often knowledgeable with various matters related to social security, as social security disability claims consists of procedures involving disability insurance and healthcare law, which may become highly relevant in the event of a long-term disability lawsuit. Filing applications for long-term disability insurance, for instance, requires an analysis of medical records, disability benefits, and other important measures.
ForensisGroup works at matching only the most qualified of experts with attorneys, no matter what the field. Call us today or fill out and Submit An Expert Request Form to locate the right long-term disability expert witness for your case.
A former employee of the City of Tampa filed an action for unlawful retaliation in violation of the Americans with Disabilities Act ("ADA") and the Florida Civil Rights Act ("FCRA").Plaintiff was employed as a City Solid Waste Collection Driver. At some time during his employment, he was diagnosed with a medical condition that allegedly limited one or more of his major life activities. He filed a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC"), asserting that the City failed to reasonably accommodate his disability. He then filed, pro se, a lawsuit under the ADA for disability discrimination against the City. Plaintiff was still employed by the City when he filed his pro se lawsuit.During the ADA lawsuit against the City, Plaintiff was involved in an accident involving the City's solid waste truck. While waiting to unload debris at a transfer station, Plaintiff exited the truck. He thought he had pulled the parking brake prior to getting out of the truck. However, while he was out of the vehicle, it began moving forward, went over a speed bump, and struck the vehicle causing damages. There were no injuries.The City ultimately concluded that Plaintiff hadn’t set the brake and issued a "Letter of Counseling" related to the incident because the accident was preventable. The City relied on the recommendation from its safety review committee, which concluded that Plaintiff hadn’t pulled the parking brake, as well as a traffic report and statements from a mechanic who inspected the vehicle after the accident.Plaintiff took the deposition of the City's Solid Waste Director as part of his pro se lawsuit against the City, which was still pending. The complaint alleged that within a month of his deposition, Plaintiff was given a notice of disciplinary action, accusing him of making false statements, and thus violating the City's policy on "Moral Turpitude."At a hearing, the City showed video footage of the accident, which revealed Plaintiff exiting the vehicle without setting the parking brake. Based on the video, the City terminated Plaintiff's employment for intentionally lying to the police and the City when he repeatedly maintained throughout the investigation and grievance process that he had pulled the parking brake.Plaintiff alleged that the City's stated reason for terminating his employment was "not worthy of belief." His retaliation claims were premised on the timing of Director’s deposition and Plaintiff's termination. According to Plaintiff, these two events were causally related. However, Plaintiff then admitted that he didn’t pull the parking brake. Plaintiff argued that the real reason he was terminated was that he pursued the initial discrimination case against the City.The City designated a mechanical engineer specializing in accident reconstruction as an expert witness. The expert opined that the driver of the City’s solid waste truck didn’t engage the parking brake prior to exiting the vehicle at the time of the accident. In addition, the expert said that the driver failed to put the truck in neutral and didn’t follow proper procedures.The accident reconstruction expert also concluded that the driver had a habit of not parking the vehicle properly prior to exiting because he’d done the same thing five minutes before the accident; that he knew, or should have known, that he left the vehicle in drive as he must have put it in neutral after the accident when he engaged the parking brake; and that he knew, or should have known, that he didn’t put the parking brake on since he engaged the parking brake immediately after the accident.Plaintiff moved to strike the expert’s report in its entirety. He argued that the expert improperly opined on Plaintiff's credibility; he didn’t have the adequate expertise to testify about Plaintiff's "habit" or what Plaintiff "knew or should have known;" and the expert’s testimony as to the causation of Plaintiff's accident wouldn’t assist the trier of fact.U.S. District Court Judge James S. Moody Jr. wrote in his decision that before permitting expert opinion testimony, the court must make certain that the expert employs "in the courtroom the same level of intellectual rigor that characterizes the practice of the expert in the field," quoting Kumho Tire Co.The judge found that the expert's opinion must be excluded under Daubert because portions of his report were based on pure speculation. More importantly, the entire report would not assist the trier of fact. The expert, who was experienced in mechanical engineering and accident reconstruction, wasn’t qualified to testify about Plaintiff's "habit" and state of mind. His opinions weren’t based on sufficient facts or data. Moreover, Judge Moody said that no expert is truly qualified to opine on a person's credibility or state of mind—determinations typically left to the finder of fact.The expert testimony, like the expert's report, wouldn’t assist the trier of fact because Plaintiff admitted that he failed to set the parking brake. The part of the expert's report where he opined that Plaintiff didn’t engage the parking brake, didn’t put the vehicle in neutral, and didn’t follow proper procedure was superfluous because Plaintiff conceded these points.The expert's opinion, which focused on the reasonableness of Plaintiff's actions—and which was clearly not available to the City at the time that it made the decision to terminate Plaintiff—would offer no assistance to the trier of fact. Plaintiff's motion to strike Defendant's expert witness and his expert report was granted.
I have over 40 years experience in rehabilitation counseling with a focus in workers compensation, short and long term disability plans, reasonable accommodation, personal injury, and product liability. For more than 5 years, I have provided clients with consultations, deposition, and courtroom testimony as a rehabilitation counseling expert witness.
I have over 15 years experience in vocational rehabilitation with expertise in vocational assessments, transferable skills analysis, accommodations assessments, and long term & short term disability assessments for worker's compensation, wrongful termination, medical malpractice, and personal injury cases. I have spent more than 5 years offering consultations, depositions and courtroom testimony for numerous clients as a vocational rehabilitation expert witness.
For more than 35 years, I have worked in the long-term care field which includes non-medical facilities such as residential care, assisted living, home care and day care programs. I have been an advocate for improving community care for residents/clients/consumers, as well as care homes/facilities since 1985. Since 1990, I have been teaching, writing/publishing standards for the non-medical care and medical care industry. I have consulted as an expert on cases in over a dozen states. I am familiar with both state and federal laws and standards. Over the years, I have authored more than 26 books on care facility standards. For several years, through American College of Community Care Educations, I was in charge of publishing the laws and state policies for homes for the elderly and developmentally disabled and day care programs. I have spent over 25 years offering deposition, consultations, and expert testimony as a long-term care expert witness.
For more than 35 years, I have worked in the long-term care field which includes non-medical facilities such as Residential Care, Assisted Living, Home Care and Day Care Programs. I have been an advocate for improving community care for residents/clients/consumers, as well as care homes/facilities since 1985. Since 1990, I have been teaching, writing/publishing standards for the non-medical care and medical care industry. I have consulted as an expert on cases in over a dozen states. I am familiar with both state and federal laws and standards. Over the years, I have authored more than 26 books on care facility standards. For several years, through American College of Community Care Educations, I was in charge of publishing the laws and state policies for homes for the elderly and developmentally disabled and day care programs. I have spent over 25 years offering deposition, consultations, and expert testimony as a long-term care expert witness.
I have over 35 years experience as a Vocational Counselor with expertise in cases of personal injury, medical malpractice, product liability, workers' compensation, Social Security Disability and SSI, ADA compliance, spousal maintenance, and child support for attorneys, individuals, national and state government agencies and employers. I have provided numerous clients with consultations, deposition, and courtroom testimony as a vocational counselor expert witness for more than 35 years.
With over 30 years of Actuarial experience, my expertise includes pension design and funding, group health and post-retirement medical programs, mergers and acquisition support, actuarial valuation reports, calculation COBRA rates for self-funded plans, performing pension valuations with domestic or foreign pension plans; analyzing and immunizing investment portfolios, researching markets for asset management; analyzing self-funded group medical and long-term disability programs; and valuing liabilities for post-retirement medical plans. My responsibilities as a consulting actuary has included marketing prospects, meeting with clients, understanding their Human Resource needs and their financial goals, and tailoring employee benefits programs to fit their specific circumstances.
I have more than 5 years of experience in the field of Vocational Rehabilitation, with a certification as a Rehabilitation Counselor. I have performed evaluations for purposes of civil litigation, insurance claims, and vocational rehabilitation as an aspect of economic damages and residual vocational potential. I have experience in earning capacity, lost earnings, cost of replacement labor and lost ability or time in performing household services. I have prior expert witness experience.
I have more than 10 years experience in the field of Social Security Disability with expertise in navigating the Social Security Disability claims process. I have experience with filing applications, analyzing medical records, benefit claims and appeals, disability benefits, conducting hearings, and file appeals.
I have over 20 years experience in the field of Life Care Planning. My expertise includes vocational rehabilitation issues including personal injury, medical malpractice, wrongful termination, marital dissolution, pediatric, long term disability, ADA analysis cases, vocational counseling, vocational services, case management, forensic vocational rehabilitation, earning capacity and mitigation evaluations, job analysis, return to work modifications, ergonomic modification analyses, vocational testing, lost of earnings, life care plan, and plan development of industrial injured workers. I have prior expert witness experience.