Assessment of Earning Capacity, second edition
Michael S. Shahnasarian

Detailed Table of Contents

Foreword
Preface

Part I. Foundation Issues

1. Vocational Expert Consultation
1.1 Vocational Expert Consultation
A. Matters involving acquired disabilities
B. Claims related to the Americans with Disabilities Act
C. Employment law disputes
D. Family law
E. Long-term disability insurance
F. Other matters that involve vocational opinions
1.2 Vocational Expert Services
A. Scope of involvement
B. Responding to vocational questions
1.3 Bases for Earning Capacity Opinions
A. Analysis of existing evidence
B. Development of new evidence
C. Formulating an opinion
1.4 Selecting a Vocational Expert
1.5 Conclusion

2. Methods of Inquiry
2.1 The Expertÿs Approach
2.2 Methods for Conducting an Assessment of Earning Capacity
A. Records review
B. Subject examination
C. The vocational rehabilitation report
2.3 Conclusion
Appendix A. Client Intake Form
Appendix B. Sample Clinical Interview

3. Earning Capacity and Loss of Earning Capacity
3.1 Introduction
3.2 Factors Affecting Career Development and Earning Capacity
A. Commitment to career development
B. General factors
C. Disability-related factors
3.3 Assessing Effect on Earning Capacity
A. The Earning Capacity Assessment Form
B. Guidelines for assessing present and future loss of earning capacity
C. Factor analysis approach to assessment of earning capacity: Three examples
D. Unconventional and questionable approaches to assessment of earning capacity: Three examples
3.4 Conclusion
Appendix

Part II. Conducting Vocational Assessments

4. Assessment of Earning Capacity in Cases of Acquired Disabilities
4.1 Introduction
4.2 Central Vocational Questions
A. Preincident (injury) earning capacity and skills
B. Residual functional capabilities and limitations
C. Transferable skills, and need and capacity for retraining
D. Costs of retraining
E. Presence of acquired vocational handicaps
F. Postincident (injury) earning capacity
G. Loss of earning capacity
H. Mitigation
I. Future rehabilitative needs
4.3 Noteworthy Considerations
A. Divergent medical opinions
B. Current employment and projections of future earning capacity loss
4.4 Conclusion
Appendix 4A. Sample Life Care Plan
Appendix 4B. Sample Jury Verdict Form
Appendix 4C. Vocational Rehabilitation Evaluation

5. Assessment of Earning Capacity in Cases Involving the Americans with Disabilities Act
5.1 Introduction
5.2 Central Vocational Questions
A. Essential job functions
B. Reasonable accommodations
5.3 Back Pay and Front Pay
5.4 Noteworthy Considerations
5.5 Conclusion
Appendix. A Sample Report

6. Assessment of Earning Capacity in Employment Law Cases
6.1 Introduction
6.2 Central Vocational Questions
A. Disruption of career development
B. Back pay and front pay
C. Mental distress damages
6.3 Noteworthy Considerations
A. Notice extended to affected employee
B. Mitigation
C. Severance pay
D. Outplacement
E. Entitlement sentiments
F. Postseverance vocational behavior
6.4. Conclusion
Appendix. A Sample Report

7. Assessment of Earning Capacity in Family Law Cases
7.1 Introduction
7.2 Central Vocational Questions
A. Earning capacity determination
B. Retraining considerations
7.3 Noteworthy Considerations
7.4 Conclusion
Appendix: A Sample Report

8. Assessment of Earning Capacity in Cases of Long-Term Disability Insurance
8.1 Introduction
8.2 Central Vocational Issues
A. Ability to pursue own occupation
B. Ability to pursue any occupation
8.3 Noteworthy Considerations
8.4 Conclusion
Appendix. A Sample Report

Part III. Forensic Practice Issues

9. Testimony
9.1 The Trial Environment
9.2 Trial Preparation
A. Reviewing written reports
B. Reviewing deposition testimony
C. Reviewing extant records and file materials
D. Obtaining new records generated after a previous examination or file review
E. Conducting an update examination
F. Conducting updated labor market research
G. Consulting with other experts
H. Trial exhibits
I. Consulting with attorney about direct examination
9.3 Pretrial Conference
9.4 Depositions of Testifying Experts
9.5 Testifying at Trial
A. Direct examination
B. Cross-examination
C. Redirect examination
D. Trial exhibits
E. Exhibits from extant records and information
F. Exhibits developed by the expert
9.6 Conclusion
Appendix A. Sample Proposed Direct Examination Questions for a Vocational Expert
Appendix B. Sample Scheduled Deposition Letter

10. A Case Study
10.1 A Case Study
10.2 Conclusion

Bibliography
About the Author
Index

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