VOCATIONAL EXPERT:
Richard H. Andersen, M.S., C.V.E., C.R.C., C.D.M.S. of VECTOR, Inc. Peter Formuzis of Formuzis, Pickersgill & Hunt, Inc., (714) 542-8853 served as the Economist.

CASE BACKGROUND:
The female plaintiff, a 48-year-old Special Education Teacher’s Aide, suffered a traumatic brain injury and multiple injuries from a motor vehicle accident. Plaintiff was attending college in pursuit of a bachelor’s degree and teaching credential. Her goal was to become a Special Education Teacher.

FOCUS ISSUE:
A review of employment and medical records quickly revealed a complex case. It was evident that Plaintiff had numerous pre-existing medical problems, including bilateral carpal tunnel syndrome with surgical intervention, irritable bowel syndrome, and reflux disease. Equally notable, however, was her strong employment performance and long tenure in similar occupations. Of particular relevance were several consecutive and highly favorable performance evaluations leading up to a few months before subject incident. Regardless of plaintiff’s preexisting physical problems, Andersen determined that she would have likely remained a Teacher’s Aide or obtained her goal of a career as a Special Education Teacher. He found she had lost both opportunities. Andersen opined that Plaintiff would likely be relegated to routine clerical work after benefitting from cognitive retraining. He placed her post-injury probability of employment at 66.7%, as opposed to an 80.3% probability pre-injury.

DEPOSITION TESTIMONY:
The significant aspect of this case was the contrast between Andersen’s research and that of the plaintiff’s vocational rehabilitation expert. The differences were discussed at length during Andersen’s deposition. Although both experts used the same source for wages, it was noted that Plaintiff’s expert did not focus on a specific industry, resulting in less accurate wage projections. In addition, Plaintiff’s expert estimated a 6-month cognitive retraining program with costs over $30,000. Andersen located a highly regarded 6-month program at a community college for just $150. Andersen also discussed how Plaintiff’s expert did not administer vocational tests to the plaintiff or record any functional problems or pain during the interview. He outlined the usual protocol followed when performing vocational evaluations, which the opposing expert did not fulfill. The differences in the experts’ approaches illustrated Andersen’s thoroughness and credibility.

ABOUT RICHARD ANDERSEN:
Richard Andersen has a master's degree in vocational rehabilitation and holds national certifications as a Rehabilitation Counselor, Vocational Evaluator and Disability Management Specialist, with 36 years experience in vocational rehabilitation. He has also testified in Superior Court in 10 California counties. VECTOR, Inc. specializes in vocational rehabilitation services, including vocational expert testimony on personal injury, wrongful death, ADA, harassment and discrimination 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.