by denyse on Tue Jan 15, 2019 1:38 pm
I don't think there is any provision in the Guides to use other guidelines. I suppose an Almaraz argument could percolate, but the new source is outside the 4 corners. BTW, who says that is the standard. One group. The Guides rely on the JNC-6. My humble opinion. Get it rated by a pro that can attack the opinion, document your file, establish your PDA threshold and floor in negotiations. Maybe ask for a reasonable demand (assuming litigated). If not litigated, you may need a deposition. All depends on the monetary dispute. Where do you spend you money. Case Management 101.
FYI. the 6th Edition, which we don't use has the same Stage 1 and 2 numbers at the 5th, and uses JNC-7.