SITUATION:
The 33-year-old male plaintiff had 10 years work experience as a California Correctional Officer (Housing Unit) at the Chino men's prison at the time of his motorcycle accident He sustained injuries to his right clavicle, humerus and scapula. After a year of medical rehabilitation, plaintiff returned to work as a Correctional Officer. According to the treating physician's testimony, plaintiff could continue to work without restrictions as a Correctional Officer.
Plaintiff's vocational expert testified he was at risk to himself and co-workers if he continued working as a Correctional Officer. The expert recommended vocational rehabilitation services. Unfortunately, after services, the plaintiff could only expect to earn $6 to $7 per hour as a Security Guard, representing a high loss of future earnings.
Assuming plaintiff could not continue to work as a Correctional Officer, Andersen researched other jobs within the State of California personnel system, examining two options. First, he researched the union collective bargaining agreement for the prison employees and discovered plaintiff could laterally transfer to a variety of positions within the correctional department. Second, by contacting the State of California personnel board, Andersen found plaintiff could also transfer to other departments within the state system. The opportunity for laterally transferring to another state department provided a realistic alternative for the plaintiff, allowing him to consider positions such as Bailiff, Crime Scene Investigator, and Booking Officer.
Andersen also explored jobs outside the California personnel system and the correctional system, assuming again that plaintiff would be unable to continue in his current job as a Correctional Officer. Three typical retraining programs were identified as options which would maximize the plaintiff's vocational potential. For example, the plaintiff could have completed vocational retraining as a Computer Assisted Design Drafter. Research concluded that 57 companies within a lo-mile radius of the plaintiffs home could be contacted to locate employment in this field.
Finally, the day before his testimony, Andersen's Internet research located an active opening for a sedentary job within the California correctional system which paid more than plaintiff's current job as a Correctional Officer.
ATTORNEY COMMENT:
"Andersen's vocational research was critical in demonstrating that the plaintiff had a number of options for employment available to him, within his medical restrictions. Andersen found that not only would the state personnel system allow the plaintiff to make lateral transfers to other departments, but that there was a current job opening in the correctional system paying more than plaintiff's former salary. The jury apparently concurred with Andersen's opinion, as they awarded zero for economic damages. The plaintiff asked for $1,300,000fo r future loss of earnings. Basedu pon the testimony of Richard Andersen, the plaintiff was awarded only his past loss of earnings, and no future economic damages. His past loss of earnings were limited to the time off for surgeries."
ABOUT RICHARD ANDERSEN:
Richard Andersen holds national certifications as a Rehabilitation Counselor and as a Vocational Evaluator, with 28 years experience in vocational rehabilitation. He has also testified in Superior Court in 10 California counties. VECTOR, Inc. specializesin vocationalr ehabilitation counseling, Workers' Compensation, disability research and forensic rehabilitation services, including vocational expert testimony on personal injury, wrongful death, wrongful termination and social security 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
