How to Answer Trick and Difficult Expert Witness Cross Examination Questions in a Workers’ Compensation Case

Excerpted from the SEAK’s Course: How to Excel as an Expert Witness in Workers’ Compensation Cases: Special Techniques 

– And your specialty again, Doctor?
– Physical medicine and rehab.
– Okay. Did you study to be a surgeon?
– No.
– Okay. I’m just checking. Where are my surgeon that flunked out? Okay. Now, is your opinion subjective, Doctor?
– It’s my opinion based on the records and physical examination.
– Sure, but try to answer my question.
Is your opinion subjective, Doctor?
– It’s my opinion.
– You know what the word subjective means, Doctor?
– Yeah.
– Okay. Isn’t your opinion subjective?
– Yeah.
– Oh. It is subjective?
– Mm-hmm.
– Okay. Don’t let them beat you up and make you say something that you don’t want to say, okay? You were doing right. You were doing okay.
Just because I asked a question three times doesn’t mean you have to change your opinion because you’re a nice person, okay? I’m not that nice. You don’t have to be that nice, okay? Stick to your guns, okay?
– Okay.
– Okay. Pass the microphone. Your specialty again?
– Occupational health nurse.
– Okay. You’re going to give opinions, too, correct? Okay.
– I can today.
– Okay. And could you think of a case that you worked on?
– Mm-hmm.
– Okay. And do you have an opinion in that case?
– Yes.
– And what’s your opinion?
– My opinion is based objectively on the documentation at hand. The employee does deserve worker’s comp benefits or disability.
– Okay. So what’s the word there that’s going to give everybody a lot of problems?
– Disability.
– Nope.
– Physical exams.
– Nope.
– Objectively?
– Nope. Deserve. Okay? You have to be able to self-edit. So you think he deserves this, right? He’s entitled to it? Is that your opinion? Do you want to change that?
– Based legally. Based on the law.
– Based on the… So you’re a lawyer, too? Okay. I think you deserve a break, okay?