Why not as an expert just choose to choose to "cut corners" more generally. Why not simply turn down work when too busy such that VE can approach each and every case 100%. Every expert has to decide. Do they want to be a Pinto, a Chevy or a Porsche. Why not choose excellence. Approach each case as absolutely thoroughly, from each and every angle, as objectively and methodologically soundly as possible. Surmise what an opposing expert will probably say well prior to knowing if and who said expert is and set about to demonstrate weaknesses of the anticipated lazy argument.
I could not care less which "side" assigns me a case and forever have been balanced in which side does. No VE ought to care. If a VE does, they are a technician, a sort of strategic business consultant as opposed to an expert. I routinely disappoint attorneys retaining me (a little bit or sometimes up to a lot) by concluding, after utilizing standard methods and very detailed analysis, that their dreamy, simplistic desired outcomes are not quite as good or bad as their fantasy. They don't know any better, and have dreams but are not the experts. Sure, attorneys can find an expert to keep what is almost never simple, "simple" out of supposed thrift or convenience, and parrot all desired good/all bad outcomes and often then lose that aspect of their case.
Whether an accountant, an engineer or a VE, if the expert does not use fundamental, standard methods generally utilized in the field they are extremely vulnerable.
------------------------------
Scott T. Stipe, MA, CRC, CDMS, IPEC, D/ABVE
Certified Rehabilitation Counselor
Board Certified Vocational Expert
Scott Stipe & Associates, Inc.
DBA Career Directions Northwest
4110 SE Hawthorne Blvd
#188
Portland, Oregon, 97214
(503)234-4484
(503)234-4126 fax
email:
sstipe@careerdirectionsnw.comwebsite:
www.careerdirectionsnw.com------------------------------
Original Message:
Sent: 10-29-2022 10:24
From: J. Matthew Sims
Subject: Method
Years ago there were a couple of VEs whom had retired, and I was inundated with work, going from approx 120 PI type cases a year to 180, both plaintiff/defense. For a year or so I'd tell attorneys that because of this, "I can't spend the time reading everything - you need to filter the file material down to the specific list I give you, and nothing more" and "I also don't have the time for depositions and addendums, so in my reports I will make simplistic assumptions that the other side wouldn't want to argue against."
You'd think attorneys would not hire me after saying that ... but there was only 1 that didn't hire me. In the locations I work, AZ, NV, UT and NM, only a small % of cases go to trial, so attorneys really do want to settle.
Anyways, if you cut corners such as rarely doing a TSA, and using experience instead, which I was doing on many of the cases (some required in depth analysis which I did of course), then cut corners so as to not be biased towards your referral source. Most attorneys appreciate you being conservative too ... it makes their lives easier. There are some VE/FEs whom have a business model that banks on being deposed a lot, and writing addendum reports / responses to addendums .. more billing time per case. I'm not one of them, and I wouldn't recommend it.
------------------------------
J. Matthew Sims, MC, MS
Vocational Economist
sims@simsandwhite.com
Phoenix, AZ United States
Original Message:
Sent: 10-28-2022 18:01
From: Ronald Smolarski
Subject: Method
How can you write a report without comparing your test findings to all the DOT numbers [in your geo area] and also including my questions indicated in my previous email without being subjective?
Ronald T. Smolarski, M.A.
Certified Life Care Planner
Forensic Economist
Certified Functional Capacity Evaluator
Vocational Expert
ron@beaconrehab.com
www.beaconrehab.com
(800) 821-8463
Ann Arbor Michigan, USA



DISCLAIMER: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Additionally, this communication and/or attached files may contain protected health information, which is governed by HIPAA regulations. If this information is intended to be forwarded or shared, you and your entity are responsible to assure HIPAA regulation and guidelines are followed. If you are not the intended recipient any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail and destroy all copies of the original message.
Original Message:
Sent: 10/28/2022 9:09:00 AM
From: Barbara K. Nelson
Subject: RE: Method
I never said nor implied that all of those variables were not important and should not be included. Most of these factors are not measured with a computer, but rather with solid vocational testing, research, and analysis. Good writing is extremely important in relaying this information to the recipient of the report, generally an attorney or lay vocational person. I strongly believe that a report should be written for the recipients to well understand your interpretation and understanding of the vocational factors. I see lots of reports with an overabundance of vocational and economic terminology that is difficult for the non-vocational recipient to understand or more importantly to transfer to the world of work. This is also true of functional capacities evaluations which may go into great detail about things such as degrees of supination and pronation, degrees of range of motion, etc., but not well explain how these variables affect the evaluee's work abilities. Not all, but many. To me, the ability to write well and explain your foundation, analysis, conclusions and recommendations is extremely important and does not equate to a subjective vocational analysis.
"Boise Barb"
Original Message:
Sent: 10/27/2022 11:21:00 PM
From: Ronald T Smolarski
Subject: RE: Method
Hello Barb,
The example of a truck driver and a construction worker not needing a transferable skills analysis, because of many years of working with these occupations sounds like your theory of a vocational analysis.
What does one consider when reviewing worker traits, that may impact a person's ability to work at a competitive and sustained rate?
Does pain impact a worker's ability to function at a competitive and sustained rate?
What traits are impacted by pain?
What traits are impacted by a workers inability to work at a full range of motion?
Should a rehabilitation counselor/ vocational evaluator consider a workers; education development/ aptitudes/ physical capacities/& environmental tolerances? If yes, how does one consider these thousands of bits of information?
If a worker was under employed [had higher education development and aptitudes] then his truck driving or construction occupation worker trait demands – should that be considered – and how would one know if these high levels competency levels exist without testing these traits? How does good writing work better than a transferable skills analysis using objective measures?
If say a roofer [Joe]on the job was poor in math and always had his best buddy [Billy] do the measuring and he did more of the nail gun work – how would you know the deficit without testing?...and then consider the transferable skills by good writing?
What does a formal TSA or transferable skills analysis force a rehab counselor/ vocational evaluator to do before the actual transferable skills? Does one need objective data for each trait that is analyzed? How does one analyze occupations and worker's DOT work history, injury, trait competencies, through good writing.
Would access to employment be important vocational information? How can a rehab counselor/ vocational evaluator make that determination using thousands of bits of information by good writing?
The question that just rings very loud to me is; subjective vocational evaluation or objective vocational evaluation, which one would you want to be used on your self if injured?...if you were a truck driver or construction worker.
Ronald T. Smolarski, M.A.
Certified Life Care Planner
Forensic Economist
Certified Functional Capacity Evaluator
Vocational Expert
ron@beaconrehab.com
www.beaconrehab.com
(800) 821-8463
Ann Arbor Michigan, USA



DISCLAIMER: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Additionally, this communication and/or attached files may contain protected health information, which is governed by HIPAA regulations. If this information is intended to be forwarded or shared, you and your entity are responsible to assure HIPAA regulation and guidelines are followed. If you are not the intended recipient any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail and destroy all copies of the original message.
Original Message:
Sent: 10/27/2022 5:45:00 PM
From: Barbara K. Nelson
Subject: RE: Method
Don't you agree that in some cases, particularly Work Comp, where individuals have worked in one or two occupations for the duration of their work history, such as truck driving and construction labor, that you really don't need to do a formal TSA. I feel like after all these years, I don't need a computer to tell me what their skills are and if they transfer to other occupations within their physical capacities. I do feel that good writing is important to describe the analysis and your conclusions, but don't think it is necessary to produce a computer generated TSA or a handwritten VDARE. In more complex cases with a more varied work history, better educational achievement, etc., I do believe the analysis should include these methods.
"Boise Barb"
Original Message:
Sent: 10/27/2022 5:31:00 PM
From: Michelle McBroom Weiss
Subject: RE: Method
Scott I saw your post and thought it was interested but still recovering from overworking prior to the conference, the conference and a hectic week this week! I intended to respond just been offline trying to recover!
I see experts who use a TSA or reference one but suspect they did not do one. When asked they speak in generalities or cannot produce a computer generated or hand written VDARE TSA. I read an opposing expert deposition recently where the opposing expert recently mentioned transferable skills in the report but confirmed he or she did not do an TSA, they just know because they have been an expert x number of years. The reality in many cases is that they are cutting costs. Most reports I see that have no TSA I suspect are because they are charging an incredibly low flat rate for their evaluation and report. I suspect they cut corners for that reason.
Not using generally accepted methodology has all kinds of implications. Will that individual sustain a motion in limine?
Hearing Dr. Tim Field at Forensic 101 and Forensic 201 he mentioned several times we should be about excellent work product. I do not think this is excellent work.
I also see in reports where they aren't interested in work. Again, we are to consider work capacity, whether they choose to return to work or not.
I see this lack of method in all kinds of cases, WC and liability. It is what I call a haphazard approach to a vocational opinion. Definitely not excellent work.
Thanks for starting the conversation!
Best regards,
Michelle McBroom Weiss, MA, CRC, CCM, NCC, MSCC, ABVE/D, IPEC
5543 Edmondson Pike, Suite 128
Nashville, TN 37211
mcbroomweiss@mcbroomweiss.com
(P) 615-834-0186
(F) 615-831-5274
(C) 615-308-6395
Original Message:
Sent: 10/27/2022 4:13:00 PM
From: Leslie Freels Lloyd
Subject: RE: Method
Scott and Cindy,
I've seen the same thing of late, mostly in WC cases. It baffles me that the past work is not classified by the DOT, and the TSA methodology is not explained. Sometimes the jobs to which the skills transfer are mentioned in general terms (office clerk, cleaner, etc) with no DOT code identified, and no explanation of how those jobs fall within the person's current restrictions. I wondered if adjusters told VEs that they (the adjusters) don't use the DOT codes or TSA method so they quit putting it in their reports? If so, not a good idea.
As for crickets, many may be catching up after last week's IARP conference.
Les
Original Message:
Sent: 10/27/2022 2:06:00 PM
From: Scott T. Stipe
Subject: RE: Method
I thought this would be a popular topic. But I will take the crickets chirp as code for no one else seeing any sort of foundation for the nonsense encountered
------------------------------
Scott T. Stipe, MA, CRC, CDMS, IPEC, D/ABVE
Certified Rehabilitation Counselor
Board Certified Vocational Expert
Scott Stipe & Associates, Inc.
DBA Career Directions Northwest
4110 SE Hawthorne Blvd
#188
Portland, Oregon, 97214
(503)234-4484
(503)234-4126 fax
email: sstipe@careerdirectionsnw.com
website: www.careerdirectionsnw.com
Original Message:
Sent: 10-21-2022 13:23
From: Scott Stipe
Subject: Method
I am seeing something new pop up at time with VEs recently. The evaluees tend to have past relevant work, in often semi-skilled or skilled occupations with average or better demonstrated aptitudes. If there is testing at all, results tend to be average and support VR options. The evaluees tend to have average education levels, HS degree and/or some college. The treating MD and/or FCE indicate work limitations but capacity to work at the Sedentary level (or Light level with some other physical demand limitations). The evaluees tend to be middle aged. The VEs rarely do transferable skills analysis using any software system, don't even identify past work with DOTs, merely vaguely using muddy terminology to maybe, sort of, kind of refer to the existence or absence of skills. The evaluee is described as being not a candidate for just not "interested in" VR. So, there is simply a default by the VE to an opinion of NO future work/ earning capacity to either direct employment options or to other occupations with VR, presumably due to "lack of interest". My understanding is that it is always an individual's responsibility to put forth maximal effort to mitigate any loss.
Such "method" would certainly not cut it in any sort of private WC VR, SSVE or other system. Yes, an individual may not be interested in working but they would still be assessed as having capacity to perform occupations, earn income. It comes up in PI and marital dissolution cases and other. Is there some sort of new groovy peer reviewed methodology out there which I have missed which suggests that if an individual is not "interested" in work (or work after VR), that they have no future earning capacity at all?
------------------------------
Scott T. Stipe, MA, CRC, CDMS, IPEC, D/ABVE
Certified Rehabilitation Counselor
Board Certified Vocational Expert
Scott Stipe & Associates, Inc.
DBA Career Directions Northwest
4110 SE Hawthorne Blvd
#188
Portland, Oregon, 97214
(503)234-4484
(503)234-4126 fax
email: sstipe@careerdirectionsnw.com
website: www.careerdirectionsnw.com
------------------------------