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  • 1.  Are fringe benefits voc or econ?

    Posted 04-26-2024 10:00

    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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  • 2.  RE: Are fringe benefits voc or econ?

    Posted 04-26-2024 14:06
    Matt: Fringe benefits is an important  session . My impression is I have never seen a publication from Voc. Experts, maybe somewhere but most likely imbedded in articles expressing a broad brush opinion.

    I think fringe are best addressed when the Voc expert interviews the individual, asks detailed questions on benefit package and cross references to BLS lists that itemize expected benefits by a percentage of wage. Civilian, Private Public etc. do differ significantly. Call the employer HR. On Union contracts I read the bargaining agreements and sometimes call the Business Agent ("BA") to clarify details as some benefits appear ambiguous. Armed with the above information, I then discuss findings with the Economic expert to allow consistent facts in our reports or this can muddy the water in depot or trials.  Life Care Planners too, can perform similar examination as a vocational expert as they most often conduct in person or Zoom interviews or home visits offering a more comprehensive collection of benefits received and now assumed lost. I look forward to the findings of the AREA presenters !

    JOHN F. BERG
    Vocational Consulting Inc.
    Seattle, WA





  • 3.  RE: Are fringe benefits voc or econ?

    Posted 04-30-2024 13:00

    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.com
    Mt. Laurel, NJ. Tel: 609-531-2529
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  • 4.  RE: Are fringe benefits voc or econ?

    Posted 04-30-2024 14:15
    Thanks Bob. I love your paragraph saying ...

    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.

    I think you hit the nail on the head! Having said that, hopefully there will be some vocational publications in the future tackling fringe benefits. I think it would be helpful to the field here. 

    Kind Regards,

    -----------------------------------
    J. Matthew Sims, MC, MS
    Vocational Economist

    Flagstaff Office:
    Sims & White, PLLC
    223 N. San Francisco St., Suite 103
    Flagstaff, Arizona 86001
    o (602) 253-2033
    c (623) 826-4091
    www.simsandwhite.com