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Occupational therapists as expert witnesses on work capacity
Shelley Allen1, Tamara Ownsworth, Glenys Carlson
1School of Health and Rehabilitation Sciences, The University of Queensland, St Lucia, Brisbane, Queensland, Australia. shelley.allen@bigpond.com
Aim:
The aim of this study was to explore the particular challenges for occupational therapists during their cross-examination as an expert witness on work capacity.
Methods:
Grounded theory methodology was used to collect and analyse data. Interviews were conducted with 31 participants with direct experience of occupational therapy work capacity assessments. Of these, 19 were occupational therapists, six were medical specialists and six were lawyers.
Results:
All participant groups perceived that maintaining one's credibility in the witness box was of paramount importance. The occupational therapists identified 11 strategies that barristers may use to challenge their credibility as an expert witness.
Conclusions:
The three professional groups proposed practices that maintain occupational therapists' credibility as expert witnesses on the work capacity of personal injury claimants.
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