Sington?Sington?

Presented by: Presented by:

Hostetler, Fontaine & AssociatesHostetler, Fontaine & Associates

What is it?What is it?

As most of you know, in August 2002, the As most of you know, in August 2002, the Michigan Supreme Court changed the Michigan Supreme Court changed the definition of disability in Michigan from a definition of disability in Michigan from a medical definition to an economic definition.medical definition to an economic definition.

What does that really What does that really mean?mean?

Opinions varyOpinions vary

Need for vocational experts to Need for vocational experts to

perform evaluations to determine perform evaluations to determine

the economic impact of an the economic impact of an

injury/restrictions on a claimantinjury/restrictions on a claimant’’s s

wage earning capacity.wage earning capacity.

RealityReality

This is not Vocational This is not Vocational

Rehabilitation…. Although it Rehabilitation…. Although it

might bemight be

When to use itWhen to use it

All cases- probably notAll cases- probably not

Legal cases-absolutelyLegal cases-absolutely

Does this replace rehabilitation- yes and noDoes this replace rehabilitation- yes and no

Why use it?Why use it?

You may never know what you will findYou may never know what you will find It may workIt may work Part of an overall litigation strategyPart of an overall litigation strategy Prelude to servicesPrelude to services What to do if the plaintiff attorney says noWhat to do if the plaintiff attorney says no

What should a What should a

Sington AnalysisSington Analysis

Labor Market Survey Labor Market Survey

Independent Vocational EvaluationIndependent Vocational Evaluation

include?include? Face to face meeting, if at all possibleFace to face meeting, if at all possible

Vocational testing, if at all possibleVocational testing, if at all possible

A significant document review including:A significant document review including:

Employment recordsEmployment records

School/training recordsSchool/training records

Medical records/ recent restrictionsMedical records/ recent restrictions

*See HFA form*See HFA form

Labor Market SurveyLabor Market Survey

Why?Why? Regular jobs within the market place Regular jobs within the market place

paying maximum pre-injury earnings paying maximum pre-injury earnings within qualifications, training, and within qualifications, training, and current physical ability.current physical ability.

Real jobs in the real worldReal jobs in the real world Must obtain information regarding job Must obtain information regarding job

duties, job requirements, and physical duties, job requirements, and physical requirements.requirements.

HearsayHearsay

SourcesSources Michigan Talent BankMichigan Talent Bank InternetInternet Cold CallsCold Calls Direct contact with employersDirect contact with employers

Follow-upFollow-up Efforts of plaintiff to seek workEfforts of plaintiff to seek work Efforts of others to seek workEfforts of others to seek work

Job lead lettersJob lead letters Multiple surveysMultiple surveys Follow-upsFollow-ups

Maximum Wage Capacity vs. Present Ability to EarnMaximum Wage Capacity vs. Present Ability to Earn

What are they?What are they?

Specific questions must be asked about the Specific questions must be asked about the individualindividual’’s employment background.s employment background.

Date and time of employmentDate and time of employmentJob duties of each position performedJob duties of each position performedPhysical requirements of each position performed Physical requirements of each position performed

*See handout*See handout

WagesWagesTransportation Transportation

Carnoskes DecisionCarnoskes Decision

Questions the Vocational Rehabilitation expert should Questions the Vocational Rehabilitation expert should have answered:have answered:

1.1. What are the plaintiffWhat are the plaintiff’’s qualifications and training?s qualifications and training?2.2. What job with his/her qualifications and training constitutes What job with his/her qualifications and training constitutes

plaintiffplaintiff’’s maximum earning level and how much did it pay s maximum earning level and how much did it pay per week?per week?

3.3. Are there regular jobs in the labor market paying plaintiffAre there regular jobs in the labor market paying plaintiff ’’s s maximum pre-injury earningmaximum pre-injury earning’’s within his/her qualifications s within his/her qualifications and training that are reasonably available?and training that are reasonably available?

4.4. What efforts have the plaintiff or others made to secure post-What efforts have the plaintiff or others made to secure post-injury employment?injury employment?

continued…..continued…..

Carnoskes Decision Carnoskes Decision continued……continued……

5.5. Was post employment secured?Was post employment secured?

• What was the nature of the work?What was the nature of the work?

• Does there continue to be a substantial job market for such work?Does there continue to be a substantial job market for such work?

• What are the wages typically earned for such work compared to What are the wages typically earned for such work compared to plaintiffplaintiff’’s wages at time or injury?s wages at time or injury?

• What length of time did plaintiff work job?What length of time did plaintiff work job?

• Has work ceased, if so, why?Has work ceased, if so, why?

TestimonyTestimony

PreparationPreparation-discussion between defense -discussion between defense

attorney and expertattorney and expert

Review file for privileged Review file for privileged informationinformation

In person testimony vs. In person testimony vs. depositiondeposition

OutcomesOutcomes Who should you chooseWho should you choose

PoliticsPolitics