November 30, 2011

Polygraph Expert Witness On Polygraph Examinations Part 7

In The Case for Forensic Polygraph Testing in Post-Adjudication Sexual Offender Examination and Management, polygraph expert witness Ken Blackstone writes:

Conclusion

Post-adjudication testing of convicted sex offenders is a different arena than pre-adjudication testing; however, it does not require a “reinvention of the wheel”. The parameters of forensic testing already exist. The responsible agencies, instead of ignoring these disciplines, should incorporate them into their existing discipline. This, among other things, will improve the quality of post-adjudication polygraph examiners and their work product by:

1. Providing specialized forensic level training for these post-adjudication polygraph examiners

2. Establishing standards for the conduct of professionals in post-adjudication polygraph testing

3. Setting requirements for the deployment of diagnostic single-issue testing during examinations

4. Providing supervision in the form of quality control and classroom review of examinations.

5. Providing training for non-examiner treatment providers and other professionals who are involved in sex offender management.

Ken Blackstone is an expert regarding polygraph examinations. He is the author of the book Polygraph, Sex Offenders, and the Court (2011, Emerson Books ISBN 978-061-5506-80-7). www.blackstonepolygraph.com

November 29, 2011

Employment Practices Liability Insurance Expert Witnesses

Employment practices liability insurance expert witnesses may write reports and opine on commercial liability policies, professional liability insurance, and small business liability insurance. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

3. Employment practices liability insurance protects from discrimination, sexual harassment, wrongful termination, hiring, retention, and promotion, and a laundry list of other claims that could potentially harm your business. This is not an umbrella policy, but one that covers many claims that have been filed in recent years against employers that the insurance agency thought could be helpful to business owners. This policy can protect against claims made from past workers and events that occurred in the past, as well as current workers and events.

Read more: everythingsmallbusiness.com.

November 28, 2011

Mortgages Expert Witness On Credit Bids Part 1

In Avoiding the $475,000 Mistake – Entering the Credit Bid attorney John L. Hosack, Buchalter Nemer, and mortgages expert witness Joffrey Long write:

Finally! The delays are over and your foreclosure is going to sale. The trustee asks for bidding instructions. The grand total owing on your loan (a first trust deed) is $575,000. The value of the property is $500,000. Would you open the bidding at $575,000? It could be a big mistake. Surprisingly, many otherwise sophisticated lenders and servicers, including large banks, are completely unaware of this problem.

At the opposite extreme, there’s another challenge. It occurs when a lender/servicer who is owed $575,000 opens the bidding at a minimal sum, such as $2,000, that has no relationship to the equity being auctioned.

There are serious problems with either approach. The good news – either set of problems can be avoided with some relatively simple procedures.

Joffrey Long, President of Southwestern Mortgage, chairs the education committee, is a director and is a past president of the California Mortgage Association. He provides litigation consultation for, and is often called upon to testify as an expert in mortgage related litigation matters. See his profile here.

November 28, 2011

Liability Insurance Expert Witnesses & Small Business Liability Insurance Part 4

Liability insurance expert witnesses may write reports and opine on commercial liability policies, professional liability insurance, and small business liability insurance. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

2. Product liability insurance protects your company against defective products you may produce. If you have a company that manufacturers products or comes up with prototypes, you may need product liability insurance. Sometimes, unfortunately, products can result in injuries, deaths, and accidents. Depending on the risk of the product is how much you would need, and this would have to be determined by the insurance agent and your attorney, as well as the owners.

Read more: everythingsmallbusiness.com.

November 27, 2011

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may testify on insurance claims, insurance regulations, and associated matters. On their website, the Coalition Against Insurance Fraud writes:

Why Is Fraud So Big?

Insurers sometimes back off. Most insurance companies take a tough stand against fraud, but some companies unwittingly encourage fraud by paying suspicious claims too easily. These companies believe it’s cheaper to pay some smaller suspect claims than fight in court, and a quick payoff also may avoid multimillion-dollar lawsuits for bad faith.

Health system is an easy target. America's health care system is huge and vulnerable. The sheer number of patients and treatments plus complexity of billing attract cons who are skilled at looting our overworked health care system. The pressure to control costs also encourages many doctors or health firms to cheat so they can recoup lost profits or meet rigorous treatment quotas.

Immigrants are vulnerable. Insurance cheats consider America’s large and growing immigrant groups easy targets. Asian and Hispanic communities, for example, report extensive insurance fraud as con artists prey on immigrants’ trust, lack of English skills and ignorance of how insurance works.

Read more: http://www.insurancefraud.org/fraud_backgrounder.htm.

November 26, 2011

Marketing Expert Witness On Performance Part 3

Marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes on THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE:

Define their capability. Focus on securing information that is meaningful to being an effective distributor for your line. Calculate indexes based on national average or similar distributors. Keep it simple. Page 3, table 3, Capability Index.

1. Personnel: Outside sales, customer service, field service. Total # of each available for your line. Sales/employee for each.
2. Trained personnel: # of each type personnel that has received training. Sales/trained employee.
3. EDI: Are they on your system?
4. VMI: Are they participating in your program?
5. Service capability: Do they have capability for system integration, startup, repair, emergency shipments, 24-hour customer service, etc?
6. Showroom: Do they have a showroom? Which of your products are included?
7. Demos: How many field demo units do they have? # of demos/sales.


November 26, 2011

Commercial Insurance Expert Witnesses Part 2

Commercial insurance expert witnesses may testify and write reports on commercial liability policies, professional liability insurance, agent errors and omissions, and associated matters. Here, the law firm of Kunz, Plitt, Hyland & Demlong writes on commercial insurance:

Businesses may choose to purchase business interruption insurance, which pays for the cost of employee salaries and other expenses if the business cannot operate when the premises are damaged. Most businesses are required by law to carry some form of workers' compensation insurance, which compensates employees who are injured while performing their job duties. Businesses also may have other unique insurance needs.

When a business buys a policy to protect itself against liability, it is likely to be a "CGL" (commercial general liability) policy. This type of policy pays for many types of risks that might cause the business to be liable to a third party. Coverage under a CGL policy usually includes such risks as personal injury claims brought by customers injured on the business premises or by the business's products. A policy also may provide coverage to protect against libel or slander lawsuits filed by a competitor.

November 26, 2011

Trucking Safety Expert Witness On Bridge Safety Part 2

On his website, trucking safety expert witness Lew Grill, the SAGE Corporation, offers a Bridge Formula Weights Calculator:

Federal law states that two or more consecutive axles may not exceed the weight computed by the Bridge Formula even though single axles, tandem axles, and gross vehicle weights are within legal limits. As a result, the axle group that includes the entire truck—sometimes called the "outer bridge" group—must comply with the Bridge Formula. Interior combinations of axles, such as the "tractor bridge" (axles 1, 2, and 3) and "trailer bridge" (axles 2, 3, 4, and 5) must also comply with weights computed by the Bridge Formula (see figure). More detailed information on the Bridge Formula is available at www.ops.fhwa.dot.gov/freight/size_weight.htm.

November 25, 2011

Insurance Claims Expert Witnesses

Insurance claims expert witnesses may testify on insurance adjusters, insurance agencies, and insurance policies. Here, United Policyholders, a non-profit organization and information resource writes on their over 300 amicus briefs advocating for policyholders.
Open the link below to see summaries of briefs filed in the US Supreme Court, and high courts in California, New York, Texas and Utah. Visit the Amicus Project Library to view the complete list and read the summaries and full text of the briefs.

http://uphelp.org/library/amicus-project-update/2010-05-01

November 24, 2011

Polygraph Expert Witness On Polygraph Examinations Part 6

In The Case for Forensic Polygraph Testing in Post-Adjudication Sexual Offender Examination and Management, polygraph expert witness Ken Blackstone writes:

Proposed Solution

Forensic polygraph examination has safeguards which keep its error-rate below 10 per cent. This type of polygraph testing is frequently used in the legal, intelligence and investigative communities. As an example, the popularity of the polygraph in the Federal agencies arena is encouraged by the high caliber of training and supervision provided its examiners. Similar standards and training need to be developed and deployed in the area of post-adjudication assessment and management of sexual offenders.

Utility tests, such as the ones most currently popular in sex offender management programs, actually invite errors (false positives and false negatives). A “false positive” can result in a waste of professional resources and it can unfairly hamper the otherwise honest sex offender who is trying to rebuild his life. A “false negative” can allow recidivism that could have been stopped before anything happened*. Here are some examples where forensic polygraph examination may have helped prevent tragic crimes from occurring:

* Phillip Garrido was a registered sex offender on Federal and State parole for rape when he abducted then 11-year-old Jaycee Dugard and while he held her captive for the next 18 years. He was excluded from required polygraph.

*John Couey was a registered sex offender in Florida and was on state probation when he abducted, raped, and murdered then 9-year-old Jessica Lunsford. His probation supervision failed and he was excluded from polygraph surveillance. Jessica’s body was discovered as a result of a polygraph examination.

Examples such as Garrido and Couey represent statistical outliers; however they underscore the need for a disciplined approach that requires forensic testing methods and standards.


Ken Blackstone is an expert regarding polygraph examinations. He is the author of the book Polygraph, Sex Offenders, and the Court (2011, Emerson Books ISBN 978-061-5506-80-7). www.blackstonepolygraph.com

November 23, 2011

Liability Insurance Expert Witnesses & Small Business Liability Insurance Part 3

Liability insurance expert witnesses may write reports and opine on commercial liability policies, professional liability insurance, and small business liability insurance. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

1. General liability insurance protects you against general liability claims as is described in the name. It protects against libel and slander, negligence that results in injuries, property damage caused by an worker, bodily injuries to customers, visitors, customers, workers, or anyone else coming onto your property (FYI, even “trespassers” on your property can sue for bodily injuries incurred on your property, even if they were not legally supposed to be there!) and can even cover infringement on intellectual property.

Purchase this kind of plan if your business needs protection against any of these types of claims (and if you are an astute business person, you will want to be protected every way possible.)


Read more: everythingsmallbusiness.com.

November 23, 2011

Construction Expert Witness On Guaranteed Maximum Contracts Part 5

In Guaranteed Maximum Contracts construction expert witness Paul Gogulski explains the the G-Max contract:

The downside also needs stating. G-Max contracts require more work on the owner's part to administer. The main effort involves defining what is cost. And if you are not interested in collecting discounts, obtaining credits for small tools, establishing realistic labor rates, monitoring rentals, and are not really prepared to act as a partner with your contractor in the project, then this program is not for you. Don't try this if you don't have a strong administrator experienced in general contracting. Contractors resent inexperienced owners questioning their decisions, and they certainly aren't eager to have their books audited by anyone they don't trust. Properly set-up and administered however, G-Max contracts are a win-win situation."

November 22, 2011

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may testify on insurance claims, insurance regulations, and associated matters. On their website, the Coalition Against Insurance Fraud writes:

Fraud is Big

Insurance fraud is hard to measure because so much goes undetected, and complete research has yet to be done. Still, we have enough evidence to know that fraud is widespread — and expensive.

Healthcare fraud alone costs Americans $54 billion a year, the Coalition Against Insurance Fraud estimates.

More than one third of people hurt in auto accidents exaggerate their injuries. This adds $13-$18 billion to America’s annual insurance bill, notes a study by the Rand Institute for Civil Justice.

Nearly one third of doctors exaggerate the severity of a patient’s illness to help the patient avoid early discharge from a hospital, according to the Journal of the American Medical Association.

Read more: http://www.insurancefraud.org/fraud_backgrounder.htm.

November 21, 2011

Marketing Expert Witness On Performance Part 2

Marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes on THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE

II. ADDITIONAL QUANTITIVE EVALUATION OPTIONS

A. Define and use quotas for each major product line plus a total for all products. Page 3, table 1, Historic Sales.

B. Define easy-to-secure, meaningful distributor quantitative performance measures. Compare to a national average or similar distributors based on an index (distributor actual/national average and distributor/similar). Set goals. Keep it simple. Page 3, table 2, Performance Index.

1. Credit and payables: DRO, % of $ paid within 30 days, # of “special events.”
2. Customer satisfaction score: Very effective. Requires major effort.
3. Distributor field support costs: Activity based record of cost.
4. Inventory: $, turnover, mix.
5. Leads: # received: % follow-up feedback. # & $ closed.
6. New products: # of new customers, $, % of total sales.
7. Orders: #, $ and $/order. % emergency.
8. Pricing: # & $ of special price requests/orders. % of total sales.
9. Product returns: #, $ and % of sales returned.
10. Profitability of product mix: Typically an index based on product weights.
11. Samples: # received:. % follow-up feedback. # & $ closed.
12. Shipments: #, $ and $/shipment. % to stock/drop-ship.
13. Coop/MDF funds: % of funds earned that were used.


November 21, 2011

Commercial Insurance Expert Witnesses Part 1

Commercial insurance expert witnesses may testify and write reports on commercial liability policies, professional liability insurance, agent errors and omissions, and associated matters. Here, the law firm of Kunz, Plitt, Hyland & Demlong writes on commercial insurance:

Commercial insurance is a broad term referring to the many types of insurance a business might acquire. Businesses, like individuals, may insure their property against fire, flood, liability claims of all kinds, and other damage. They may choose to protect specialized equipment and property, both real and personal. Commercial enterprises often need to purchase commercial auto insurance because even if the business does not own any vehicles, its employees' individual auto policies may not cover them while on the job.

November 21, 2011

Trucking Safety Expert Witness On Bridge Safety Part 1

On his website, trucking safety expert witness Lew Grill, the SAGE Corporation, offers a Bridge Formula Weights Calculator:

The Bridge Formula Weights Calculator provides a convenient way to determine the maximum allowable weight that any set of axles on a motor vehicle may carry on the Interstate highway system.

Congress enacted the Bridge Formula in 1975 to limit the weight-to-length ratio of a vehicle crossing a bridge. This is accomplished either by spreading weight over additional axles or by increasing the distance between axles. Compliance with the Bridge Formula weight limits is determined by using the following formula:

This Bridge Formula states the maximum allowable weight equals the length between axles multiplied by the number of axles divided by the number of axles minus 1 plus the number of axles mutiplied by 12 plus 36; then multiply this product by 500.

W = the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds.
L = the distance in feet between the outer axles of any group of two or more consecutive axles.
N = the number of axles in the group under consideration.

November 20, 2011

Insurance Claims Expert Witnesses

Insurance claims expert witnesses may testify on insurance adjusters, insurance agencies, and insurance fraud. In their Publication and Resource Library, United Policyholders, a non-profit organization information resource for insurance consumers in all 50 states writes:

Welcome to our library where you’ll find useful guides, articles, samples and examples in plain language about topics related to insurance. Our publications are based on our organization's many years of hands-on experience working with individual consumers. They include information from experts; insurance industry insiders, agents and brokers, attorneys, consumer advocates and public adjusters. Because UP is not-for-profit and not for sale, our tips are unique and valuable. We have no hidden agenda. By using the buttons on the left side of this page you can find buying tips, claim tips, links and other resources. Visit the “Shortcuts” section for help solving common problems.

Read more: http://uphelp.org/

November 20, 2011

Hours of Service Expert Witnesses

Hours of service expert witnesses may write reports and testify on commercial motor vehicles, trucking safety, commercial motor vehicles, and correlated topics. In Chasing the Silver Bullet: Measuring Driver Fatigue Using Simple and Complex Tasks, the Northwestern University Transportation Center shares their research regarding Human Performance in Transportation Safety.

Established in 1954 by industry representatives, Northwestern University Transportation Center was the first university transportation center in the U.S. Since then, the Center has been recognized as a leading interdisciplinary education and research institution.

Read more: transportation.northwestern.edu
.

November 19, 2011

Polygraph Expert Witness On Polygraph Examinations Part 5

In The Case for Forensic Polygraph Testing in Post-Adjudication Sexual Offender Examination and Management, polygraph expert witness Ken Blackstone writes:

Scientifically based studies have concluded that the carefully administered, “forensic” or single-issue (one relevant issue) polygraph exam, conducted properly and optimally by a qualified examiner, is 89 to 92 percent accurate. It is the most accurate tool available today for determining truth or deception. When any reduction from the disciplined rigors of forensic polygraph examination occurs, the reliability of the results can and must be called into question.

However, in the post-adjudication sexual offender setting, a less rigorous “utility” approach is often taken and the accuracy of polygraph results diminishes for a number of reasons. The training, skills and discipline of the examiner are typically lower; the purpose of the examination may be far different and more exploratory; the questions are more generalized, ambiguous, and sometimes confusing. The accuracy of a 91% accurate exam is now 50-50.

Unfortunately, at the present time, the less accurate “utility” approach is the norm for post-adjudication testing of sexual offenders. As a consequence, treatment providers and community supervisors are impacted by the outcomes of these “utility” examinations, even though the outcomes are unreliable because they are beyond the parameters established by research. Fortunately, the utility test is not a necessity; it is conducted as a matter of economic convenience.

Ken Blackstone is an expert regarding polygraph examinations. He is the author of the book Polygraph, Sex Offenders, and the Court (2011, Emerson Books ISBN 978-061-5506-80-7). www.blackstonepolygraph.com

November 18, 2011

Liability Insurance Expert Witnesses & Small Business Liability Insurance Part 2

Liability insurance expert witnesses may write reports and opine on commercial liability policies, professional liability insurance, and small business liability insurance. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

Which Is The Right Small Business Liability Insurance?

How can one choose what type of insurance they need? It involves a process of determining what you need to protect in your establishment and what kinds of risks you’re able to incur.

The risks that one can incur are infinite, and one can go crazy thinking about the “what ifs” and worst case scenarios that can happen. Talking with an experienced insurance agent can help because they can recommend providers, rates, and give quotes for the types of insurance your business can benefit from. Small business owners can benefit greatly from shopping around to compare prices for ways they can protect their business.

Some of the basic insurances businesses need are health insurance, life insurance to protect the entity of your business and the future of such in case of a death of a key person, and liability insurances to protect against litigation that may be brought against your business and you personally.

Read more: everythingsmallbusiness.com.

November 18, 2011

Construction Expert Witness On Guaranteed Maximum Contracts Part 4

In Guaranteed Maximum Contracts construction expert witness Paul Gogulski explains the the G-Max contract:

Still another advantage of G-Max occurs when work must start ahead of final drawings. There are often issues that delay completion of the drawings and therefore start of construction. The G-Max format allows owners to minimize risk when proceeding with work ahead of final drawings. It has been my experience to start work on 30 percent completed drawings while obtaining a G-Max price for the entire project based on preliminary drawings and outline specifications. That's an extreme example, but it does happen.

November 17, 2011

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may testify on insurance claims, insurance regulations, and associated matters. On their website, the Coalition Against Insurance Fraud writes:

What is Fraud?

Insurance fraud occurs when people deceive an insurance company or agent to collect money to which they aren’t entitled. Similarly, insurers and agents also can defraud consumers, or even each other. Insurance fraud can be "hard" or "soft."

Hard Fraud. Someone deliberately fakes an accident, injury, theft, arson or other loss to collect money illegally from insurance companies. Crooks often act alone, but increasingly, organized crime rings stage large schemes that steal millions of dollars.

Soft Fraud. Normally honest people often tell "little white lies" to their insurance company. Many people think it's just harmless fudging. But soft fraud is a crime, and raises everyone's insurance costs. Consider…

A car owner inflates a fender bender claim to cover her deductible, or she understates how many miles she drives annually to lower her auto premium… A homeowner inflates the value of his stereo equipment stolen during a robbery… Or a printing business lists fewer employees than it really has in order to pay lower workers compensation premiums.

Read more: //www.insurancefraud.org/fraud_backgrounder.htm.

November 16, 2011

Marketing Expert Witness On Performance Part 1

In Distributor & dealer litigation: How to win cases through the evaluation of the distributor and/or dealer’s performance, marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes:

THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE
A. Often the dominant measure of performance. Frequently a single value.

B. Often defined with very limited information. Can be difficult to defend.

C. Can lead to poorly defined and implemented distributor upgrade and termination programs.


November 16, 2011

Trucking Expert Witness On Horsepower

On his website, trucking expert witness Lew Grill, the SAGE Corporation, offers a calculator for horse power:

HORSEPOWER: A unit for measuring the power of motors and engines. one horsepower is the work done at the rate of 33,000 foot-pounds per minute and it is equivalent to 746 watts. It is the power estimated to lift 33,000 pounds one foot high in one minute.

November 15, 2011

Hours Of Service Expert Witnesses

Hours of service expert witnesses may write reports and testify on commercial motor vehicles, trucking safety, commercial motor vehicles, and correlated topics. In Perception of Simulated Driving Performances After Sleep Restriction and Caffeine the Northwestern University Transportation Center shares their research regarding Human Performance in Transportation Safety.

OBJECTIVE: As feelings of alertness are reported to be highly correlated with performance perception, the objective of this study was to determine whether caffeine, a common countermeasure to driver sleepiness, affected a sleepy driver's ability to monitor his or her simulated driving performance.

Read more: http://www.ncbi.nlm.nih.gov/pubmed/18061746.

November 14, 2011

Polygraph Expert Witness On Polygraph Examinations Part 4

In The Case for Forensic Polygraph Testing in Post-Adjudication Sexual Offender Examination and Management, polygraph expert witness Ken Blackstone writes:

In a post-adjudication setting a convicted or committed offender is expected to take periodic polygraph examinations to encourage candor and discourage any lapse or relapse during treatment and supervision. The use of the polygraph in the evaluation and management of convicted and committed sex offenders is of great interest; treatment providers will often agree that the polygraph is the only existing tool for measuring behavior and supervising officers see the polygraph as a way of keeping offenders accountable. A periodic post-adjudication polygraph examination in the community can be used to assess a variety of issues that may include precursors to a reoccurrence and whether the convicted person should be considered for early release of parole or a relaxation of probation controls. These post-adjudication situations are similar in that these examinations will seldom address a specific “issue at hand” and while they are an option the only other option is prison.

Ken Blackstone is an expert regarding polygraph examinations. He is the author of the book Polygraph, Sex Offenders, and the Court (2011, Emerson Books ISBN 978-061-5506-80-7). www.blackstonepolygraph.com

November 13, 2011

Liability Insurance Expert Witnesses & Small Business Liability Insurance Part 1

Liability insurance expert witnesses may write reports and opine on commercial liability policies, professional liability insurance, and small business liability insurance. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

Small business liability insurance is just as important for your business as health insurance for small business. This is not unlike business health insurance where you would be looking for affordable group health and comparing prices between insurance companies. When it comes to small business liability insurance, you definitely need to do some comparison shopping.

There are several types of small business liability insurances to choose from, just as there are different types of health insurance, including:

General Liability
Product Liability
Professional Liability
Employment Practices Liability


Read more: everythingsmallbusiness.com.

November 13, 2011

Construction Safety Expert Witness on Job Site Communication Part 2

In Speaking English is Key to Safety construction safety expert witness Paul Gogulski, BSCE, PE, writes:

Effective communication is a key ingredient of every construction project and is particularly vital in regard to safety issues. Practically speaking, the current policy of promoting bilingual languages as a social-engineering enterprise across a broad spectrum of the nation has a negative impact on the frequency of accidents in the construction industry. The many recent deaths in Las Vegas construction is a grim demonstration of this fact.

OSHA’s general-duty clause states that every employer will furnish a safe place of employment to each employee “free of recognized hazards.” How many more construction accidents will it take to demonstrate that when a contractor’s personnel cannot speak English, a “recognized hazard” already exists?

Read more: jurispro.com.

November 12, 2011

Insurance Regulations Expert Witnesses

Insurance regulations expert witnesses may write reports and opine on health insurance, disability insurance, the insurance industry, and correlated matters. On their website, The National Association of Insurance Commissioners explains that:

The NAIC is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer review, and coordinate their regulatory oversight. NAIC staff supports these efforts and represents the collective views of state regulators domestically and internationally. NAIC members, together with the central resources of the NAIC, form the national system of state-based insurance regulation in the U.S.

NAIC members are the elected or appointed state government officials who along with their departments and staff, regulate the conduct of insurance companies and agents in their respective state or territory.

Read more: http://www.naic.org/index.htm.

November 12, 2011

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may testify on insurance claims, insurance regulations, and associated matters. In this press release, Kentucky Attorney General Jack Conway and his Office of Medicaid Fraud and Abuse Control announce that a former Lexington Medicaid provider has pled guilty to Medicaid fraud and forgery charges.

Irvin Smith, Jr. entered guilty pleas in Fayette Circuit Court today to one count of Medicaid fraud and three counts of second degree forgery. All are Class D felonies.

Smith, a behavior supports specialist, was the former owner, principal member/executive director and only employee of Irvco, LLC, a former provider in the Kentucky Medicaid SCL program. A SCL is a home through the Medicaid Community-based waiver program that serves as an alternative to institutional care for mentally challenged or developmentally disabled individuals.

November 11, 2011

Trucking Safety Expert Witness On Wind Chill

On his website, trucking safety expert witness Lew Grill, the SAGE Corporation, offers a calculator for wind chill:

WIND CHILL: A measure of the cooling effect of wind. Wind increases the rate at which a body loses heat, so the air on a windy day feels cooler than the temperature indicated by a thermometer. This heat loss can be calculated for various combinations of wind speed and air temperature and then converted to a wind chill equivalent temperature (or wind chill factor).

November 10, 2011

Polygraph Expert Witness On Polygraph Examinations Part 3

In The Case for Forensic Polygraph Testing in Post-Adjudication Sexual Offender Examination and Management, polygraph expert witness Ken Blackstone writes:

In a pre-adjudication setting a suspect or person of interest may be asked to take a polygraph examination as a means of assessing his or her denials about being knowledgeable, involved or even responsible for the alleged crime. A witness or informant may be asked to submit to a polygraph for the purpose of assessing the accuracy or truth of information he or she has provided. Although “victim testing” by law enforcement is barred in some states, in others an alleged victim of a crime may be asked to take a polygraph test to determine the accuracy or truth of testimony to either support the conviction of a guilty person or prevent the wrongful prosecution of an innocent person. Thus, polygraph examinations are of great importance and impact on the tested individuals and the matters to which they offer evidence. These pre-adjudication situations are all alike in that there is an “issue at hand” and they are truly voluntary.

Ken Blackstone is an expert regarding polygraph examinations. He is the author of the book Polygraph, Sex Offenders, and the Court (2011, Emerson Books ISBN 978-061-5506-80-7). www.blackstonepolygraph.com

November 9, 2011

Anesthesiology Expert Witness Testimony In Conrad Murray Trial

Anesthesiology expert witness Dr. Steven Shafer testified for the prosecution in the Dr. Conrad Murray trial. Shafer, who has special expertise in postoperative pain, testified there was an improper "employer-employee" relationship between the singer and the defendant. He also testified that when the drug propofol is administered outside of a hospital, it is critical to have the appropriate equipment. Outside of a hospital, if "you have an error, you have a mortality."

November 8, 2011

Construction Safety Expert Witness on Job Site Communication Part 1

In Speaking English is Key to Safety construction safety expert witness Paul Gogulski, BSCE, PE, writes:

As an expert witness specializing in construction accidents, my observations include a very sensitive subject: the increased risk of accidents when a substantial number of workers on a site cannot speak the English language. Every general contractor knows the truth but few dare to openly express it: the more non-English speaking workers employed on site, the greater the risk of errors and accidents.

Even when a requirement for English-speaking foremen is included in the contract, this in itself is not enough to prevent accidents attributable to the hazards created by the barriers imposed by inadequate communication.

Read more: jurispro.com.

November 7, 2011

Insurance Agencies Expert Witness On Advisory Boards Part 9

In The Advantages of Strategic Advisory Boards For Agency Owners insurance agencies expert witness Andres Barile, MBA, CPCU, writes:

Legal and Tax Advice

• Selecting an insurance litigation law firm – The number of lawsuits between agents and insurance companies has dramatically increased over the past five years. Interviewing law firms for litigation purposes requires a type of expertise that agent owners do not have. Your strategic advisory board will only be as good as you, the agent owner, want it to be. It will be your responsibility to keep your board informed of situations that affect your agency.

When appointing members, it is important to consider:

• Is this person knowledgeable about this area of expertise in relation to the insurance industry?

• Can this person be trusted with complete confidentiality?

Remember that your strategic advisory board is there to assist you in making the right decisions for the future of your agency.

Read more: insuranceexpertnetwork.com.

November 5, 2011

Child Abuse Expert Witnesses Part 1

In Child Abuse Pediatrics: A Certified Sub-Specialty In Pediatrics child abuse expert witnesses at Child Abuse Pediatrics Consulting Services write:

In choosing a quality medical expert for a family, criminal or malpractice matter involving sexual abuse, sexual assault, physical abuse, child neglect or child fatality, the attorney should have an understanding of current certifications in the field. On the initial call, the attorney should feel comfortable that the expert is objective, familiar with the wide body of child abuse literature, and comfortable providing education about your case.

Certifications

Although all physicians have basic training in the detection of child abuse & are mandated reporters, not all physicians have experience in the diagnosis, management or interpretation of potential abuse. The American Board of Pediatrics designated Child Abuse Pediatrics as a sub-specialty in 2006. Pediatricians are now required to complete a three-year fellowship after residency (six full years of training beyond medical school) to qualify to take the sub-specialty examination. For further information regarding eligibility criteria for Child Abuse Pediatricians, please go the American Board of Pediatrics website https://www.abp.org/ABPWebStatic/.

November 4, 2011

Risk Assessment Expert Witnesses

Risk assessment expert witnesses may testify on the risk management process, risk analysis, enterprise risk management, and associated matters. In Uncertainty in Probabilistic Risk Assessment: A Review, A.R. Daneshkhah writes:

Risk assessment is widely recognized as a systematic process for quantitatively (or qualitatively) describing risk. Risk is commonly described as a combination of the likelihood of an undesirable event (accident) occurring and its consequences. Alternatively, Kaplan (1997) expressed risk as a mathematical combination of an accident's event probability of occurrence and the consequence of that event should it occur.

Read more: www.shef.ac.

November 3, 2011

Environmental Expert On Flooding

Environmental expert Christoph Menke, professor at King Mongkut’s University of Technology in Bangkok, says the Philippine government needs to develop a wide ranging plan to manage severe flooding. The expert said more water channels in agricultural areas are needed to stop flooding in residential neighborhoods.

November 2, 2011

Merchandise Licensing Expert Witnesses

Merchandise licensing expert witnesses may testify on merchandising, character images, and merchandising fees. In the news recently, U.S. District Judge David Carter, Santa Ana, CA, dismissed the latest Bratz lawsuit against Mattel Inc. MGA Entertainment Inc. accused Mattel of antitrust violations over MGA’s Bratz dolls.

Read more: www.cacd.uscourts.gov.

November 2, 2011

Health Benefits Expert Witness On Health & Welfare Plans Part 5

In A Comparison of Self-Funded and Insured Health and Welfare Plans, health benefits expert witness Mark Johnson, J.D., Ph.D., ERISA Benefits Consulting, Inc., writes:

By working around the state insurance reserve, contribution, and other requirements applicable to insurance companies, MEWAs typically market their coverage at a lower rate than those of regulated companies. This is primarily why a MEWA is an attractive alternative for small businesses who find it difficult to obtain affordable health care coverage for their employees. In reality, however, a number of MEWAs have been unable to pay claims as a result of insufficient funding and inadequate reserves.

Sometimes MEWAs are operated by individuals who drain the assets through excessive administrative fees and embezzlement. Since 1983 a MEWA that constitutes an ERISA-covered plan is required to comply with the provisions of Title I of ERISA applicable to employee welfare benefit plans, in addition to state insurance laws and regulations.

November 1, 2011

Polygraph Expert Witness On Polygraph Examinations Part 2

In The Case for Forensic Polygraph Testing in Post-Adjudication Sexual Offender Examination and Management, polygraph expert witness Ken Blackstone writes:

The Problem

Polygraph examination is a catch-all term used to describe the use of the polygraph instrument, either as a forensic tool to determine the veracity of a statement or as a utility tool to generate statements and disclosures. While these two approaches are superficially similar their foundations are not.

Law enforcement agencies use polygraph to support investigation of criminal matters and attorneys use the polygraph both for establishing direction in their cases and to present as evidence in an upcoming proceeding. Whether the polygraph examiner conducts a forensic examination that is reliable or a utility examination that is undependable is often unknown to the agencies and attorneys involved.

Ken Blackstone is an expert regarding polygraph examinations. He is the author of the book Polygraph, Sex Offenders, and the Court (2011, Emerson Books ISBN 978-061-5506-80-7). www.blackstonepolygraph.com