A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:
(1) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(2) the testimony is based on sufficient facts or data;
(3) the testimony is the product of reliable principles and methods; and
(4) the expert has reliably applied the expert’s opinion reflecting a reliable application of the principles and methods to the facts of the case.
My take is that I want to provide a preponderance of evidence. My reports normally include evidence, when possible, from an interview with the claimant, a review of medical reports, income statements, workers’ compensation awards, W2s, tax returns, pay stubs, CVs, union contracts, social security earnings statements, peer-reviewed academic articles relevant in the field, US Bureau of Labor Statistics data, economic report of the president information, US Department of Labor data, US Census Bureau Information, American Time Use Survey (ATUS), Internal Revenue Service information, Center of Disease Control information, The Dictionary of Occupational Titles, the O-net, Social Security Administration info, The Revised Handbook for Analyzing Jobs, the Occupational Requirement Survey. This list is not exhaustive. If an individual case requires more relevant sources, I will do anything I reasonably can to find them.
I explain my methodology, search for the latest information, read peer-reviewed articles, and attend workshops and conferences to stay up-to-date. I do what I need to do to meet these admissibility rulings. And finally, I provide my professional judgment.