As a follow up on my last post, I, Chad Snow of Arizona’s Work Injury Firm, want to discuss the burden of proof that applicant’s have in their hearings before the Industrial Commission of Arizona. At the end of almost every hearing involving a medical witness at the ICA, the attorney performing the direct exam...
Most Arizona work comp litigation requires expert testimony from a medical expert as part of the injured worker’s burden of proof. Asking questions of the medical expert is part science, part art. The following is a very basic outline that I follow when questioning my own medical expert: Professional qualifications (licensed to practice in Arizona,...
Continue reading "Direct Exam of Medical Witness in Arizona Workers Compensation Claim"
In law school, there is a famous video called “The Ten Commandments of Cross-Examination”. They are: Be brief. Short questions, plain words. Always ask leading questions. Don’t ask a question to which you do not know the answer. Listen to the witness’ answers. Don’t quarrel with the witness. Don’t allow the witness to repeat his...
Continue reading "Cross Examining the Defense Medical Expert in AZ Workers Comp Hearing"
I have an interesting case here at Arizona’s Work Injury Firm that is going to hearing next week where one of the issues is how hot it was the day that the injury took place. My client is claiming that he was working in a paint booth where the temperatures reached up to 130 degrees...
Continue reading "Submitting Lay Evidence in a Work Comp Claim in Arizona"