SITUATION:
The 33-year-old male plaintiff was involved in an automobile collision which caused him to be jolted back and forth. He sustained injuries to his chest, neck, arm, and back. Prior to the injury, he suffered from multiple congenital abnormalities including gigantism of both feet and a cavernous hemangioma (benign tumor of the blood vessel) on his right chest wall. It was alleged that the accident aggravated the hemangioma, causing pain ahd back spasms. Plaintiff was rendered unable to return to his pre-injury occupation as a driving instructor.
Andersen reviewed medical documents, plaintiff's deposition and vocational rehabilitation evaluations from Arizona, where plaintiff resided. Through his vocational research and analysis, Andersen determined the following:
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Plaintiffs vocational expert, an Arizona counselor, did not follow professional protocols in developing a vocational plan (and services provided were inadequate).
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Plaintiff could benefit from vocational rehabilitation services and vocational training.
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Plaintiff had a 75% to 80% chance of becoming employed, after vocational rehabilitation and training.
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Plaintiff's post-injury earning capacity would exceed his pre-injury capacity by completing training as a Computer Aided Design Drafter or Computer Programmer.
Andersen also identified the pivotal vocational issue in this case: that plaintiff was considered a "worker with a disability" before subject accident and therefore had a reduced worklife expectancy before the incident Reduced worklife expectancy pre-injury, along with a detailed and realistic vocational rehabilitation plan for matching or exceeding plaintiffs pre-injury wages was key in significantly mitigating economic damages.
ABOUT RICHARD ANDERSEN:
Richard Andersen holds national certifications as a Rehabilitation Counselor and as a Vocational Evaluator, with 25 years experience in vocational rehabilitation. He has testified in Superior Court in ten California counties. VECTOR, Inc., specializesin vocational rehabilitation counseling, disability research and forensic rehabilitation services, including expert testimony on personal injury, wrongful death, wrongful termination and social security matters. The firm, founded in 1975, serves plaintiff and defense attorneys, providing the link between physicians and economists to precisely determine damages.
