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Rule of Evidence 702- Pre and Post Daubert Standards

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Evidence in civil litigation is governed by the Rules of Evidence (either federal or state). Rule 702 of the Federal Rules of Evidence applies to expert witness testimony. A Vocational Expert ("VE") generally refers to an expert witness who testifies at Social Security disability hearings. The VE's testimony is used by the Administrative Law Judge ("ALJ") to determine whether a claimant is disabled. Specifically, the VE addresses whether based upon the limitations assigned by the ALJ, whether the claimant can perform their past relevant work, and, if not, whether the claimant can engage in competitive employment. In doing so, a standard is needed to define the specific requirements that the VE's testimony and the VE's methodology must satisfy in order to maintain the integrity of the VE's testimony. The most well known example of a standard that places a check on the testimony of an expert is Rule 702 of the Federal Rules of Civil Procedure (or the e...

Overview of Indiana Worker's Compensation Benefits

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Overview of Indiana Worker's Compensation Benefits This Guide discusses the three main worker's compensation benefits available to workers in the State of Indiana. Generally, most worker's compensation cases will involve some form of compensation involving the three main type of benefits. 1 Temporary Total Disability Benefits Temporary Total Disability benefits, also referred to as TTD benefits are a wage supplement. These benefits are paid to employees who have sustained a work-related injury that renders them unable to work. These benefits are paid at 2/3 of the employee's average weekly wage. The first TTD benefit will be made after the first week the employee is off of work. Should the employee be off of work for more than twenty days, then the employee will receive TTD compensation for the initial week of lost work. TTD benefits are offered to the injury employee in an attempt to offset the employee's lost wages. It is important to note that s...