VOCATIONAL EXPERT:
Richard H. Andersen, M.S., C.V.E., C.R.C., C.D.M.S., of VECTOR, Inc.
Robert Johnson of Robert Johnson & Associates, (800) 541-7435, served as the economist.
CASE BACKGROUND:
Plaintiff, a 47 year old Franchise Owner/Vice President in the restaurant/convenience store industry, was in an auto accident that caused his car to roll over. He suffered a C6-C7 spinal injury. The plaintiff, now a quadriplegic, continues to experience chronic, constant neck pain and chronic fatigue. He is unable to drive, suffers from sleep interruptions, and has a predisposition to urinary tract infections, requiring daily attendant care.
FOCUS ISSUE:
Plaintiff, a graduate of the University of Bombay, India, had a longstanding and successful career as a Franchise Owner/Vice President. He purchased his first franchise, a 7 Eleven convenience store, in 1982, at age 26. At the time of the incident he owned four franchises - two Subway sandwich shops and two 7 Eleven convenience stores in the San Fernando valley. After subject incident, Plaintiff’s performance dramatically declined. He found himself, now wheelchair bound, unable to perform as a “hands-on” administrator of his businesses. His daily ability to function varied, depending upon his chronic pain symptoms and the residual limitations associated with his severe disabilities.
TESTIMONY:
Andersen pointed to literature on retirement trends during his testimony. It was probable, on a preincident basis, that Plaintiff would have worked more than 20 years; post-incident he is likely to work only 1 to 6 years.
Results of the vocational tests at VECTOR pointed further to Plaintiff’s grave condition. He received below average and negligible results on 8 out of 10 tested aptitudes. In fact, he was unable to complete tests of motor coordination, fine finger dexterity, and eye-hand-foot coordination, due to his lack of grip strength. A comparison of Plaintiff’s postincident aptitudes and those required of a Franchise Owner/Vice President illustrated his decline. The comparison revealed the plaintiff could not perform as required in 8 out of 10 tested aptitudes (see graph). Although Plaintiff had a 92.3% probability of employment before subject incident, his probability of employment was now just 11%.
Source: U.S. Department of Labor and Standardized Vocational Tests
ABOUT RICHARD ANDERSEN:
Richard Andersen holds national certifications as a Rehabilitation Counselor, Vocational Evaluator and Disability Management Specialist, with 40 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, wrongful termination, 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.
