Is the experts opinion based on sheer speculation and conjecture?
California law provides in workers’ compensation cases that an expert’s opinion may not be based on speculation, conjecture or guess (Hegglin v. WCAB, 1971, 4C3d 162). Obviously, it is a difficult task for an expert to state precise figures on issues such as causation and apportionment. Nevertheless, the expert must make conclusions when faced with conflicting factual contentions made by the parties (Liberty Mutial Ins. Co. v. Indus. Acc. Com, 1948, 33 Cal 2d 89). • Is the expert’s opinion inconsistent with other statements made by the expert in published articles or other medical reports? Section 780(h) of the California Evidence Code permits impeachment with inconsistent statements on the issue of the witness’s credibility. In conclusion, the acupuncturist must keep a cool head and not be intimidated by any techniques used by an attorney. Some final suggestions for the acupuncturist in preparing for a deposition are: • Request payment for your time in advance of the deposition. Essen
