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CASE STUDIES — House Keeper Loses Earnings #319
HOUSEKEEPER FACES LOSS OF EARNING CAPACITY AND DECREASED PROBABILITY OF EMPLOYMENT
NATURE OF CASE:
Personal injury litigation resulting from a motor vehicle accident.
OUTCOME:
Binding Arbitration Award of $1,697,273.26.
ATTORNEY:
Edward Smith, Law Office of Edward Smith, Sacramento, California, represented the plaintiff.
ATTORNEY COMMENT:
“Mr. Andersen’s trial testimony was exceedingly helpful and due in large part to his efforts, plaintiff was awarded in excess of 1.6 million dollars, including $165,902 in lost earnings to date and $400,000 in loss of future earnings. In addition to providing evidence on the vocational aspects of this case, Mr. Andersen’s description of the interplay between plaintiff’s job requirements, her physical status and the impact on her earning capacity were helpful in illustrating plaintiff’s general damages claims as well.”
CASE BACKGROUND:
Plaintiff, a 27 year old female, sustained injuries in a motor vehicle accident, resulting in chronic, constant low back pain that reaches severe levels with prolonged sitting, standing, and walking. At approximately 2 ½ years since the incident, she was consuming narcotic pain medication on a daily basis and experiencing nightly sleep interruptions.
FOCUS ISSUE:
Andersen’s interview with the plaintiff and review of medical documents confirmed she was limited to sedentary work with restrictions in performing various physical activities. At the time of the incident, Plaintiff was employed as a full-time union Hospital Housekeeper, an occupation that requires significant standing and walking and lifting up to 50 pounds. It was clear to Andersen that the plaintiff could no longer perform her usual vocation. In addition, he found the extent of Plaintiff’s disability rendered her currently unemployable.
TESTIMONY:
Andersen provided testimony on the future vocational effects of Plaintiff’s injuries during arbitration. He relayed information from the vocational testing that demonstrated her negligible ability in the areas of general learning ability, manual dexterity, form perception, and spatial perception. In addition, he confirmed Plaintiff was borderline functionally illiterate with markedly low scores in math, reading, and spelling.
Andersen ultimately opined that Plaintiff would likely remain unemployable. If she became employable, he determined she could pursue work in a sedentary, unskilled job. Using statistics from state and federal studies of disabled workers, Andersen further concluded that Plaintiff would experience a 35% loss of earning capacity in an unskilled job (see graph). She also now faced a reduced probability of employment, due to her status as a disabled female.
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.
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