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Trier of Fact

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Newsletter Articles
Guides Newsletter (2020) 25 (5): 12–15.
Published: 01 September 2020
... be based on fact and not be speculative. The issue of whether the injury occurred in the course of employment is left to the Trier of Fact (WCAB judge). The issue of arising out of employment is a medical issue left to the physician. Apportionment applies to both the industrial and nonindustrial cause...
Newsletter Articles
Guides Newsletter (2013) 18 (4): 7–10.
Published: 01 July 2013
... on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson...
Newsletter Articles
Guides Newsletter (2021) 26 (4): 14.
Published: 01 July 2021
.... As an aside, the question does not state the degree of preoperative coronal plane deformity. Correcting alignment in knees with severe valgus deformity is challenging. In a situation where different examiners provided different post-TKA impairment ratings, the trier of fact may lend greater credibility...
Newsletter Articles
Guides Newsletter (2022) 27 (3): 28–39.
Published: 01 May 2022
..., however, that members of the audience are not generally scientists. In the role of witness, the expert is part mentor, part guide, and part pedagogue. Experts may readily understand the basis for scientific conclusions, but as an expert whose job it is to educate the trier of fact, communication skills...
Newsletter Articles
Guides Newsletter (2022) 27 (4): 18–59.
Published: 01 July 2022
... limits the validity and utility of the IME. It may erode the later weight attached to it by the trier of fact. The M&BD IME should not rely solely on self-report by the examinee. Any diagnosis formulated should be based on direct observation and objective evaluation, and reliance solely...
Newsletter Articles
Guides Newsletter (2013) 18 (5): 1–10.
Published: 01 September 2013
... about the causes in temporal sequence: predisposing cause(s) → precipitating cause(s) → proximate cause. While identification of the various causes may be of academic interest, depending on the arena, it may be for the most part irrelevant to the trier of fact or other interested parties...