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Vocational Assessments: What You Need to Know  

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This basic-to-intermediate level program gives insights into the vocational evaluation and its use in litigation for: Attorneys, Paralegals, Case Managers, Underwriters, Benefits Specialists

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Seminar Summary:

Experienced faculty will show you how a fundamental knowledge of vocational evaluations can give you an edge over the other side. (see full course description)

 

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Training Course Syllabus:


Vocational Assessments: What You Need to Know Seminar

Recognize the Chinks in the Armor of Vocational Assessments

Why worry about understanding the vocational assessment process if you have a good expert working for you? Unfortunately, it's what you don't know that can really hurt your case. Experienced faculty will show you how a fundamental knowledge of vocational evaluations can give you an edge over the other side – either enhancing the value of your case by proactively plugging holes in occupational data or asking the right questions to debunk vocational expert testimony. No matter which side of the table you represent, the data and test insights you gain at this seminar will be a powerful weapon in your litigation arsenal. Register today!

  • Understand the data sources, techniques and tools that are used by vocational experts to determine employability and earning capacity.
  • Examine the assessment differences among cases in different areas of law – from personal injury and workers' compensation to social security and employment law.
  • Review the effects the rehabilitation plan has on the injured's SSDI, Medicare and COBRA benefits.
  • Explore how the vocational expert calculates front pay and how to get around the “too speculative” issue.
  • Identify the weak spots in vocational expert determinations and use cross examination tactics to draw them out.
  • Enhance the value of your case by effectively building it around the vocational assessment.
  • Recognize the involvement of physicians and economists in the evaluation.


MORNING SESSION: Vocational Expert Insights into the Assessment Process

  1. Vocational Assessment: Techniques and Tools
    9:00 - 10:15, Glen K. Adams and Cynthia P. Grimley
    1. The Vocational Expert's Responsibilities and Scope of Involvement in Cases
    2. Crucial Records Obtained as Part of the Evaluation and How They are Reviewed
    3. The Components of a Vocational Interview
    4. Psychometric Testing: Commonly Used Tests and Administration
    5. Functional Limitations
    6. The Dictionary of Occupational Titles (DOT) and Other Resources Commonly Used
    7. Impairment vs. Disability: What is the Difference?
    8. Use of Physicians During Assessment
    9. Pain, Mental Distress and Psychiatric Impairment
    10. Dealing with Divergent Medical Opinions
    11. Transferrable Skills: How is this Determined?
  2. Earning Capacity Assessment: What You Need to Know
    10:30 - 11:15, Glen K. Adams and Cynthia P. Grimley
    1. What is Being Assessed?
    2. Techniques Used to Assess Present and Future Loss of Earning Capacity
    3. Statistical Data Analyzed
    4. Determination
    5. Use of Economists
  3. Assessment Differences by Type of Case
    11:15 - 11:30, Glen K. Adams and Cynthia P. Grimley
    1. Workers' Compensation
    2. Personal Injury
    3. ADA Related
    4. Employment Law
    5. Social Security and Social Security Disability
    6. Long-Term Disability Insurance
  4. Hypothetical Case Studies by Vocational Expert
    11:30 - 12:00, Glen K. Adams and Cynthia P. Grimley

AFTERNOON SESSION: Vocational Assessments in Your Case

  1. Gray Areas and Recent Developments
    1:00 - 1:30, William B. Salley Jr.
    1. Definition of Disability: Where is it Defined?
    2. Economic and Non-Economic Damages
    3. The Rehabilitation Plan's Effect on Benefits Entitlement (SSDI, Medicare, COBRA)
    4. Return to Work Disputes
  2. Effective Use of Vocational Assessments in Court
    1:30 - 2:00, William B. Salley Jr.
    1. Should You Use a Vocational Expert?
    2. Selecting a Vocational Expert
    3. Building Your Case to Showcase the Vocational Expert's Testimony
    4. The Deposition
    5. Trial Exhibits
  3. Investigating the Accuracy of Vocational Assessments
    2:00 - 2:40, J. Tyler Lee Jr.
    1. Limitations of Occupational Knowledge
    2. Commonly Cited Statistical Sources and Their Limitations
    3. Job Categorization and Sample Size
    4. Skill Level/Exertion Demand/Stress Level Classification
    5. Using Estimates and Speculation
    6. Explaining Methodology to Satisfy Daubert Requirements
    7. The Use of Physicians and Economists
  4. Vocational Expert Testimony: Cross Examination Techniques
    2:55 - 3:30, Stephen B. Samuels
    1. For the Record: Subpoenas, Stipulation, Briefs and Other Tips
    2. Questioning on the Vocational Expert's Qualifications
    3. Questioning on the Job Titles and Numbers
    4. Questioning on Skill Level and Job Requirements
    5. Questioning on the Statistical Methodology
    6. Questioning on the Data Sources
    7. Questioning on Hypotheticals
  5. Ethical Considerations
    3:30 - 4:30, William B. Salley Jr.
    1. Confidentiality
    2. Following the Rules of Discovery
    3. Subjectivity in Testing
    4. Paying for Vocational Experts

Seminar Summary:

Experienced faculty will show you how a fundamental knowledge of vocational evaluations can give you an edge over the other side. (see full course description)

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