Testimony in a workers' compensation matter is more often before a hearing officer or in a third-party trial than before a jury on the compensation claim itself. For a benefit determination or settlement hearing the economist presents the wage base, the post-injury wage, and the present value of the benefit stream with its assumptions stated. For a third-party trial the testimony resembles any personal injury case, with the added need to present the benefits already paid separately so the court can apply the lien and offset rules. Demonstratives should keep the compensation measure and the civil measure on separate boards.
Checklist
Prepare a board for the wage base, the post-injury wage, and the resulting loss of earning capacity where that is the measure
Prepare the benefit-stream present value with mortality and discount assumptions stated
For a third-party trial, prepare separate boards for the gross loss and the benefits paid
Prepare the present value explanation for the fact finder
Prepare a comparison of the opposing economist's assumptions
Questions to ask the economist
How will you present the compensation measure and the civil measure without confusing them?
How will you explain the mortality and discount assumptions behind the benefit stream?
How will you handle cross about benefits already paid?
What does the loss look like under the opposing post-injury wage?
Timeline
One preparation session in the week before a hearing; one to two sessions before a third-party trial.
Required documents
The final report and its tables
The benefit schedule and the carrier's payment history
The work-capacity opinions and post-injury earnings records
The opposing economist's report
Common pitfalls
Combining the compensation and civil measures on one board
Netting paid benefits into the loss before the court has ruled on how they are treated
Testifying about the treatment projection's content rather than its valuation
Does the economist's testimony differ before a hearing officer and before a jury?
In presentation more than substance. Before a hearing officer the testimony can go directly to the schedule, the assumptions, and the present value. Before a jury in a third-party trial the economist explains the components and present value in plain terms and keeps the compensation system's figures separate for the court.
What should the economist bring to a compensation hearing?
The present value calculation with its schedule, mortality table, and discount rate sources, the carrier's payment history, the wage records behind the benefit rate, and a one-page summary of the assumptions. Hearing officers tend to work from the summary and ask about specific assumptions, so the supporting documents should be tabbed to answer those questions quickly.
How does the economist keep the third-party jury from confusing the two measures?
By never putting the compensation figures and the civil damages figures on the same board. The jury hears the components of the civil loss and their present value; the benefits paid appear on a separate schedule for the court, and the economist explains, if asked, that the court will decide how they are treated. The separation is also what keeps the economist's testimony consistent across both proceedings.
References
U.S. Bureau of Labor Statistics. (n.d.). Current Population Survey (CPS). U.S. Department of Labor. bls.gov
U.S. Department of the Treasury. (n.d.). Daily Treasury par yield curve rates. home.treasury.gov
National Center for Health Statistics. (n.d.). Life tables. Centers for Disease Control and Prevention. Retrieved August 26, 2026. cdc.gov