Lawyers & Judges Publishing Company, Inc.
Cart 0
Assessment of Earning Capacity, Fourth Edition - Lawyers & Judges Publishing Company, Inc.

Assessment of Earning Capacity, Fourth Edition

$ 99.00

  • Author: Michael S. Shahnasarian Ph.D.
  • ISBN 10: 1-936360-35-7
  • ISBN 13: 978-1-936360-35-2
  • Copyright Date Ed:  October 06, 2014
  • Pages: 352
  • Binding Information: Casebound
  • Size: 8.5 X 11 Inches (US)

Earning capacity is quite often underappreciated and not fully understood. All too often in litigated disputes, two vocational evaluators arrive at radically disparate opinions despite having similar professional backgrounds and analyzing the same set of facts. Who is the jury or judge to believe?

In Assessment of Earning Capacity, author Michael Shahnasarian, Ph.D. recommends standardization, objectivity, and consistency in vocational evaluations. He begins by introducing you to vocational expert services, guiding you through consultation and the standard methods to determining your clients' earning capacity. From there you will be taken through several comprehensive case studies examining common situations that may require vocational assessment, such as personal injury cases, family law, employment law, and an all new chapter on long term disability insurance. Finally, the author presents tips on appearing as an economic expert in court. You will learn what is required for trial preparation, testimony, and be presented with sample deposition questions and tips to aid you in presenting a professional demeanor while undergoing intense cross examination.

Assessment of Earning Capacity contains many examples to help you understand the expert's job.

This fourth edition has been extensively revised and contains revamped case studies.

Topics Covered:

  • Vocational expert consultation
  • Assess the value of earning capacity claims
  • Investigate the integrity of vocational expert assessments
  • Gain insight into the assessment process
  • Methods of inquiry
  • Career development potential
  • Transferable skills
  • Rehabilitation psychology
  • Vocational rehabilitation surveys
  • Client interview forms
  • Sample clinical interview
  • Earning Capacity Assessment Form
  • Examine the validity of opposing experts' opinions
  • How to present vocational opinions

Table of Contents


Part I Foundation Issues

Chapter 1: Vocational Expert Consultation
1.1 Vocational Expert Consultation
A. Matters Involving Acquired Disabilities
B. Claims Related to the Americans with Disabilities Act
C. Employment Law Disputes
D. Family Law
E. Long-Term Disability Insurance
F. Other Matters Involving Vocational Opinions
1.2 Vocational Expert Services
A. Scope of Involvement
B. Responding to Vocational Questions
1.3 Bases for Earning Capacity Opinions
A. Analysis of Existing Evidence
B. Development of New Evidence
C. Formulating an Opinion
1.4 Selecting a Vocational Expert
1.5 Conclusion

Chapter 2: Logistical and Contextual Considerations
2.1 Litigation Phases and Expert Involvement
A. Presuit Phase
B. Discovery Phase
C. Trial Phase
2.2 Administrative Issues
2.3 Expert Retention
2.4 Maintaining an Examination’s Integrity
2.5 Video Recording of Examinations
2.6 The Litigation Environment
2.7 Conclusion
Appendix 2.1: Sample Retention Letter
Appendix 2.2: Sample Retention Agreement
Appendix 2.3: Sample Letter Regarding Covenants Binding Evaluatiors in Transmitting Standardized Tests and Related Information
Appendix 2.4: Sample Court Order Specifying Scope of Vocational Rehabilitation
Appendix 2.5: Position Statement on Recording Rehabilitation Evaluations
Appendix 2.6: Memo to file

Chapter 3: Expert Evidence
3.1 Expert Evidence
3.2 Methodologies for Evaluating Claims of Loss of Earning Capacity
3.3 Presenting Expert Evidence
A. Consulting Experts
B. Testifying Experts
C. Expert Interrogatories
D. Affidavits
E. The Vocational Rehabilitation Report
F. Deposition and Trial Testimony
3.4 Conclusion
Appendix 3.1: Example of Expert Interrogatories
Appendix 3.2: Example of a Judge’s Ruling on the Scope of a Vocational Expert’s Test Administration

Chapter 4: Processes Undergirding the Assessment of Earning Capacity
4.1 Introduction
4.2 Assessment of Earning Capacity
A. Records Review
B. Subject Examination
1. Clinical interview
2. Administration of standardized tests
C. Labor Market and Associated Research
D. Consultations and Collateral Sources of Information
1. Family members, significant others, and caregivers
2. Employers
3. Case managers
4. Other experts
4.3 Conclusion
Appendix 4.1: Sample Letter Addressing Copying Costs and Associated Logistics
Appendix 4.2: Client Intake Form
Appendix 4.3: Sample Clinical Interview

Chapter 5: Earning Capacity and Loss of Earning Capacity
5.1 Introduction
5.2 Postulates Undergirding the ECAF-2
5.3 Factors Affecting Career Development and Earning Capacity
A. Inhibitors
1. Inhibitor 1: Phase of career development
2. Inhibitor 2: Subject-specific issues
3. Inhibitor 3: Ability to apply prior skills
4. Inhibitor 4: Future career development prospects
5. Inhibitor 5: Prognosis
6. Inhibitor 6: Need and capacity for retraining
7. Inhibitor 7: Preexisting vocational handicaps
8. Inhibitor 8: Acquired vocational handicaps
9. Inhibitor 9: Vocational adjustment issues
B. Drivers
1. Driver 1: Stability of career development
2. Driver 2: Work propensity
3. Driver 3: Demonstrated earnings history
4. Driver 4: Career motivation
5. Driver 5: Cognition
5.4 Assessing Effect on Earning Capacity
A. The Earning Capacity Assessment Form-2 (ECAF-2)
1. Overview of Earning Capacity Assessment Form Validity Studies
2. Overview of Earning Capacity Assessment Form Reliability Studies
B. Guidelines for Assessing Present and Future Loss of Earning Capacity
C. Factor Analysis Approach to Assessment of Earning Capacity: Three Examples
1. Example one: Head injury to a previously college-bound seventeen-year-old
2. Example two: Construction worker with orthopedic injuries from industrial accident
3. Example three: Psychological injury to mid-life professional
D. Unconventional and Questionable Approaches to Assessment of Earning Capacity: Three Examples
1. Example one: Failure to develop a full vocational profile
2. Example two: Computing earning capacity loss on the basis of theoretical loss of job accessibility
3. Example three: Overreliance on selected statistical data of little value
5.5 Conclusion

Part II Conducting Vocational Assessments

Chapter 6: Assessment of Earning Capacity in Cases of Acquired Disabilities
6.1 Introduction
6.2 Central Vocational Questions
A. Preincident (Injury) Earning Capacity and Skills
B. Residual Functional Capabilities and Limitations
C. Transferable Skills, and Need and Capacity for Retraining
D. Costs of Retraining
E. Presence of Acquired Vocational Handicaps
F. Postincident (Injury) Earning Capacity
G. Loss of Earning Capacity
H. Mitigation
I. Future Rehabilitative Needs
6.3 Noteworthy Considerations
A. Divergent or Disparate Medical Opinions
B. Current Employment and Projections of Future Earning Capacity Loss
6.4 Conclusion
Appendix 6.1: Sample Life Care Plan
Appendix 6.2: Vocational Rehabilitation Evaluation

Chapter 7: Assessment of Earning Capacity in Cases Involving the Americans with Disabilities Act
7.1 Introduction
7.2 Central Vocational Questions
A. Essential Job Functions
B. Reasonable Accommodations
7.3 Back Pay and Front Pay
7.4 Noteworthy Considerations
7.5 Conclusion
Appendix 7.1: Vocational Rehabilitation
Appendix A

Chapter 8: Assessment of Earning Capacity in Employment Law Cases
8.1 Introduction
8.2 Central Vocational Questions
A. Disruption of Career Development
B. Back Pay and Front Pay
C. Mental Distress Damages
8.3 Noteworthy Considerations
A. Notice Extended to Affected Employee
B. Mitigation
C. Severance pay
D. Outplacement
E. Entitlement Sentiments
F. Postseverance Vocational Behavior
8.4. Conclusion
Appendix 8.1: Vocational Evaluation

Chapter 9: Assessment of Earning Capacity in Family Law Cases
9.1 Introduction
9.2 Central Vocational Questions
A. Earning Capacity Determination
B. Retraining Considerations
9.3 Noteworthy Considerations
9.4 Conclusion
Appendix 9.1: Vocational Evaluation

Chapter 10: Assessment of Earning Capacity in Cases of Long-Term Disability Insurance
10.1 Introduction
10.2 Central Vocational Issues
A. Ability to Pursue Own Occupation
B. Ability to Pursue Any Occupation
10.3 Noteworthy Considerations
10.4 Conclusion
Appendix 10.1: Vocational Evaluation

Part III Forensic Practice Issues

Chapter 11: Testimony
11.1 Introduction
11.2 The Trial Environment
11.3 Trial Preparation
A. Reviewing Written Reports
B. Reviewing Deposition Testimony
C. Reviewing Extant Records and File Materials
D. Analyzing New Records Generated After a Previous Examination or File Review
E. Conducting an Update Examination
F. Conducting Updated Labor Market Research
G. Consulting with Other Experts
H. Preparing Trial Exhibits
I. Consulting with Attorney About Direct Examination
11.4 Pretrial Conference
11.5 Depositions of Testifying Experts
11.6 Testifying at Trial
A. Direct Examination
B. Cross-Examination
C. Redirect Examination
D. Trial Exhibits
1. Exhibits from extant records and information
2. Exhibits developed by the expert
11.7 Conclusion
Appendix 11.1: Sample Proposed Direct Examination Questions for a Vocational Expert
Appendix 11.2: Sample Scheduled Deposition Letter

Chapter 12: Case Studies
12.1 Introduction
12.2 Case Study 1
12.3 Case Study 2
12.4 Case Study 3
12.5 Conclusion

About the Author

Customer Reviews

Based on 5 reviews
David B. Keuhner
Wisconsin Lawyer

The book is well written . . . The analysis is clear and the presentation concise. Practitioners might consider adopting the author's analytical framework. Those who practice in this area could use the book to create their own analytical outline or checklist for dealing with earning capacity issues.

Eithne O'Leyne, Editor, Ringgold, Inc., ProtoView
Assessment of Earning Capacity, 4th Edition

Shahnasarian presents students, academics, researchers, and professionals working a wide variety of contexts with the fourth edition of his comprehensive guide to the promotion of precision and objectivity in the valuation of earning capacity and communicating expert opinion in forensic settings. The main body of the text is organized in three parts. The first part covers foundation issues, including vocational expert consultation, logistical and contextual considerations, expert evidence, and other related subjects. The second part covers conducting vocational assessments, and the third part, forensic practice issues. Michael Shahnasarian is a consultant in private practice in Florida.

Martin A. Blumenthal
Wisconsin Lawyer Magazine

The damages demand in a personal injury case depends on many factors besides pain and suffering. If the client cannot work to the same extent as before the injury or can no longer work at all, the lawyer should have a reference such as this to rely on to get as close as possible to an objective assessment of loss of earning capacity.

Ann T Neulicht
Rehabilitation Professional

As in earlier editions of this book, Dr. Shahnasarians goal is to promote precision and objectivity in matters involving the valuation of earning capacity. The intended audience includes vocational rehabilitation experts, economists, accountants, annuitants and other financial experts, lawyers, triers of fact appraisers, and subjects of earning capacity assessments. The book is organized into three parts. Foundation Issues are presented in Part I, Conducting Vocational Assessment in Part II and Forensic Practice Issues in Part II. Foundation issues includes the arenas in which vocational expert consultation is utilized, the scope of involvement for a vocational expert, bases for earnings capacity opinions, and the selection of a vocational expert. Tables illustrating the components of the decision to use a consulting expert versus a testifying expert, sequential assessment of vocational alternatives and earning capacity damages, and the basis of an earning capacity opinion illustrate key concepts discussed in the text. Logistical and contextual considerations include litigation phases and expert involvement, administrative issues, expert retention, and the litigation environment. A detailed sample retention letter/agreement, response to a request for raw data and position statement on recording an evaluation are provided. The chapter on expert evidence includes a brief overview of methodologies, presentation of evidence, and a report outline. The chapter on processes for earning capacity assessment details items to be considered for a records review, and subject examination. Sample deposition questions are provided as well as examples of frequently administered tests. Appendices include a full client intake form and sample clinical interview transcript. The chapter on earning capacity and loss of earning capacity provides an in-depth discussion of Shahnasarians ECAF-2 (Earning Capacity Assessment Form) including factors that affect career development and earning capacity (inhibitors, drivers), and assessing the effect on earning capacity. Examples of unconventional and questionable approaches to earning capacity assessment are introduced (e.g., failure to develop a full vocational profile, computation based on a theoretical loss of job accessibility and over reliance on selected statistical data of little value). Topics included in the section on conducting vocational assessments include cases of acquired disabilities, those involved the Americans with Disabilities Act, long term disability, as well as employment and family law. Central vocational questions and noteworthy considerations are addressed for each type of case with extensive sample reports. The final section on forensic practice issues includes an overview of the trial environment, trial preparation, pretrial conference, deposition of testifying experts and trial testimony (e.g., direct, cross, redirect examination issues, and exhibits). Sample proposed direct examination questions, and a sample scheduled deposition letter are provided. The final chapter in this section includes three case studies. While this book does not include an exhaustive bibliography on earnings capacity assessment, the breadth and depth of the text is excellent as are the sample forms and case examples. Social Security case development and testimony is not included due to the unique nature of this analysis and testimony. The reader is referred to other sources such as the Vocational Expert HandbookRevised and Updated (2005) for an overview of this process. One of the jewels is Shahnasarians ability to provide a complete review of his research and the earning capacity assessment form he developed, which has been discussed in prior editions of the book and presented/published in multiple peer reviewed journal articles. Michael Shahnasarian provides a synopsis of critical issues in the assessment of earning capacity. This book is an excellent resource the beginning vocational expert, but is also beneficial for the experienced professional. It provides clear concise guidance for case analysis, report writing, and testimony. Dr. Shahnasarian accomplishes his stated goal and provides the field with another valuable book. Assessment of Earning Capacity is a recommended purchase for every vocational experts library. Review by Ann T. Neulicht. Neulicht is a private practitioner as a vocational and life care planning expert in the areas of social security and personal injury in Raleigh, North Carolina.

SciTech Book News
SciTech Book News

Assessing a person's earning capacity is one of the most complicated issues in litigation. Shahnasarian writes that his intent is to both systematize and bring more science to the process, offering his earning capacity assessment form, or ECAF, as a tool for reducing variance among valuators. The second edition adds a research study that describes the ECAF's use and efficacy; other new material includes the transcript of a clinical interview from a vocational evaluation in a personal injury case and a chapter on conducting vocational assessments in cases involving long-term disability insurance. Shahnasarian is a career and human resources consultant who has testified as an expert witness on vocational and life-care- plan issues.

Customer Reviews

Based on 5 reviews Write a review

Customer Reviews

Based on 5 reviews Write a review

Share this Product

More from this collection