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CASE STUDIES — Judge Affirms Work Life Reduction #322
SUPERIOR COURT JUDGE AFFIRMS REDUCED WORK LIFE EXPECTANCY
NATURE OF CASE:
Personal injury litigation resulting from a motor vehicle accident.
OUTCOME:
$965,044 awarded at bench trial.
ATTORNEY:
Marc Stern of Law Offices of Marc O. Stern, La Jolla, California, represented the plaintiff.
ATTORNEY COMMENT:
“Richard Andersen’s testimony was critical to Plaintiff’s successful recovery of economic damages. Although the analysis was technical, Mr. Andersen was able to lay it out in a clear, simple and convincing presentation.”
VOCATIONAL EXPERT:
Richard H. Andersen, M.S., C.V.E., C.R.C., C.D.M.S., of VECTOR, Inc.
Roberta Spoon of Brodshatzer, Wallace, Spoon & Yip, (619) 234-4173 served as the economist.
CASE BACKGROUND:
Plaintiff, a 35 year old male Secondary School Teacher, suffered a broken back and broken left pelvis from a rollover motor vehicle accident. His continuing difficulties included chronic, constant low back pain and periodic back spasms.
FOCUS ISSUE:
Andersen interviewed the plaintiff and reviewed his medical file. Andersen concluded Plaintiff could slowly return to work by first working as a Substitute Teacher and ultimately securing a full-time secondary teaching position. At the time of the trial, Plaintiff had secured a substitute position for the Grossmont Union High School District and appeared to be following Andersen’s vocational plan. Andersen determined, although Plaintiff has the potential to return to his pre-injury work, he would face a reduced work life expectancy (see graph), which would significantly impact his earnings over time.
TESTIMONY:
Andersen’s testimony on work life expectancy was crucial to the outcome of the proceedings. Hon. Joan M. Lewis stated the following in her April 28, 2005, Statement of Decision After Trial:
“..Plaintiff set forth competent evidence that Plaintiff will suffer a reduced work life expectancy of 14-21 years as a result of this accident. Mr. Andersen was of the opinion Plaintiff was of the character that he expected Plaintiff would work as long as possible, putting him in the lower range of this decreased work life expectancy.
Defendants do not believe the evidence supports Plaintiff’s position. Defendants believe Plaintiff will suffer no reduction in his work life expectancy. The evidence did not support this position.”
Later in Judge Lewis’ statement, Andersen’s impact was further confirmed:
“..the evidence showed that Plaintiff continues to suffer from back problems and will continue to do so in the future. The court further finds that based on the expert testimony, Plaintiff will more likely than not have a reduction in work life expectancy in the mid range of 7.55 years.
Based on the evidence that Plaintiff has secured a substitute position with Grossmont, the calculations for Plaintiff’s future economic losses should be based on the Grossmont calculations. Under all the surrounding circumstances, it is the Court’s finding that Plaintiff will suffer future economic losses in the amount of $597,624.”

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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