Hi, Matt.
I am not sure of the intended direction of your post. The header suggests an either-or discussion, whereas the first line here begins with a "more of" scenario. I do not think that anyone, to include me, would debate the "more of" notion, as "benefits" have traditionally and obviously been part of the Economic "turf" and topics in forensic practices. I also agree with you that there are few to no journal articles to date covering "benefits" originating from Vocational publications. However, it is your "either-or" question which would seem to point the discussion into some exclusivity, if I read it correctly.
Having said that, I add that as part of referral requests and responses, my own experience, as well as that of others finds that there is nothing improper about a Vocational expert offering expert vocational testimony on the value of benefits in a particular case at hand. After all, as we are trained in formulating Rehab Plans, the value of benefits also comes into play as part of the Earning Capacity of the Client or Evaluee. Career Counselors (who may typically not deal with persons with disabilities) similarly address wages and benefits with their clients.
Perhaps it is more a matter of "degree" as to how far one may address the facts of the topic. Such would not solidify an either-or scenario, however. I see it akin to an example where a Nurse Practitioner, who is still a Nurse, in many instances for which she has training, etc., may prescribe most medications, like a Doctor who similarly does so.
Of course, one must use a methodology that is acceptable to the court, and have competence in the analysis of such, for use such as in pre-post injury scenarios. Without purporting to "testify as an Economist," Vocational experts have and do attend training sessions such as in AREA for instance and have access to the mentorship, reports, and skill base of Economists who readily share their methods. One method for arriving at a package of benefits value, in particular, is that of the ECOC (the DOL's version of Economic Costs for Employee Compensation.) The Kaiser Foundation meanwhile offers reliable, free and published information on the costs of medical benefits as well.
As to the "latitude" of benefits scenarios at hand, again, of course, there are specialized circumstances as we know (such as for self-employed and family-owned business) that take on advanced knowledge, training, and experience. Here, the Vocational expert, if choosing to address those instances, must be clear again in offering expertise germane to those specific scenarios, when tackling such with an evaluation.
As with Life Care Planning, and all areas to which we apply our craft, and testimony, it is foremost important to be able to remain within personal and specific areas of our broader Scope of Practice(s). Simply because "turf" may be "more historically" prevalent within those various, Scopes do not preclude testimony from alternate disciplines who are similarly trained, experienced, or capable, and even accepted in Voir dire.
Important to distinguish as such is whether opinions and hence, "testimony," are offered as a Vocational Expert, and/or as an Economic Expert. In my own experience, I make clear that I offer opinions as a Vocational and Rehab Expert in matters of Earning Capacity (including Benefits in some case), Loss of Household Services, and Worklife. (The latter 2 also having been historically relegated to Economists-but definitely within the VR Scope of Practice.) What I do not develop are topics of T-Bills, Present Value, inflation, etc. as I am not versed nor sufficiently competent in such areas. Other Vocational Experts may well be, and are, capable of doing so.
Thanks for your always thoughtful post and inquiry, Matt! Being the panel moderator, I am looking forward to the upcoming "Collaboration" topic at the AREA conference. Thanks, as usual, for volunteering to contribute and participate. I am not certain that our session will result in "findings" as alluded to by John Berg, but rather will provide some enlightenment across the board.
(As an addendum, and regarding either-or scenarios, I want to share that I will never forget a past AREA conference speaker, a very well-known and published Economist, who adamantly stated for the record that "Vocational Experts have NO BUSINESS in establishing Pre-Incident Earning Capacity; that is the turf of the Economist," he said as part of his presentation. Going on, his opinion relegated our turf to Post-Incident scenarios because we understood disabilities…)
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Bob Paré, MS, CRC, LRC, CDMS, FVE, ABVE/D
rpare@consultativerehab.comMt. Laurel, NJ. Tel: 609-531-2529
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Original Message:
Sent: 04-26-2024 09:59
From: J. Matthew Sims
Subject: Are fringe benefits voc or econ?
I had an interesting conversation the other day as to whether or not fringe benefits are more of a vocational or an economic subject. I'm going to be a panelist at the AREA conference next month and I'll be the economic expert there, along with a vocational expert and a life care planning expert. My initial thoughts were that fringe benefits are more economic, because there's more economic publications on fringe benefits. There is obviously a good deal of overlap, as fringe benefits are an aspect of earning capacity. But, I guess my big question here is, are there any journal articles or books in the vocational arena covering fringe benefits?
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J. Matthew Sims, MC, MS
Vocational Economist
sims@simsandwhite.com
Flagstaff, AZ United States
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