CASE BACKGROUND:
Plaintiff, a 33 year old developmentally disabled male, was walking to work when several large metal pipes dislodged from a truck, striking him on the head and penetrating his skull. He suffered a mild traumatic brain injury and lost one eye. The visual limitation caused by the incident included near acuity, depth perception, and field of vision. His situation was compounded by limited additional cognitive limitations.
FOCUS ISSUE:
This case was highly unusual, due to Plaintiff’s pre-incident employment status. He attended special education throughout high school and spent 15 years prior to the incident in sheltered employment, working as a Janitor, Cashier, Clothing Sorter/Pricer, and Truck Driver’s Helper. At the time of the incident, he worked part-time as a Janitor 4 days a week, earning just $240 per month or $2,880 per year.
RESEARCH:
Andersen’s review of Plaintiff’s sheltered employment records and contacts with his case manager, job coach and the executive director of the sheltered workshop confirmed his steady and consistent pre-incident work skills progress. The workshop staff agreed that the plaintiff, who had worked for 15 years in sheltered employment, had been ready to transition into competitive employment, which would have occurred within 12 to 24 months. The transition to part-time, competitive employment would have allowed him to earn from $520 to $693 per month or $6,240 to $8,320 per year. Just one month prior to the incident, Plaintiff’s twin brother, also developmentally disabled, successfully transitioned into part-time, competitive work as a Janitor, earning approximately $1,000 a month or $12,000 annually.
Andersen opined that Plaintiff’s employment prospects were severely impacted by the subject incident and that he would be unable to transition into part-time competitive employment. Vocational test results confirmed the plaintiff’s negligible abilities in numerous areas. Plaintiff’s visual limitations further restricted his access to jobs. Only 14% of the jobs in the open labor market do not require near acuity (see graph). Andersen concluded, with reasonable certainty, that the plaintiff would continue to work in sheltered employment, having lost his opportunity to ever engage in competitive work.
ABOUT RICHARD ANDERSEN:
Richard Andersen holds national certifications as a Rehabilitation Counselor, Vocational Evaluator and Disability Management Specialist, with 37 years experience in vocational rehabilitation. He has also testified in Superior Court in 10 California counties. VECTOR, Inc. specializes in vocational rehabilitation counseling, disability research and forensic rehabilitation services, including vocational expert testimony on personal injury, medical malpractice, wrongful death, and harassment matters. The firm, founded in 1975, serves both plaintiff and defense attorneys, providing the link between the physician and the economist to precisely determine damages.
