Damages or no damages? A response
(Scenario 1)
Male, age 20, Hispanic, high school or GED, average student, spent one
year in prison for car theft, on parole, worked 6 months on concrete pouring
crew, was injured and will not be able to work construction due to lifting
limitations, cognitive ability in tact.
One Vocational Expert's Response
"...The vocational issues for a conviction start with the type of conviction
and the length of time removed from the labor market. In the above case one year for car theft would most likely remove him from all driving occupations.
Given that past work appears to be construction I would not consider the conviction that significant as a preexisting issue that would have limited employment or earning capacity. Now if he had been a child care provider and severed 1 year for a crime against children the
preexisting issues would be very significant...."
(Scenario 2)
Female, age 40, white, college graduate (BBA), spent 20 years in federal
prison for bank and wire fraud, released, no parole, out 90 days,
interviewing for receptionist position, injured in MVA, can continue in
sedentary work, some shoulder and neck limitations, and slight lifting
limits.
One Vocational Expert's Response
"...This case creates more of a vocational challenge. While past work is old and certainly you could not consider occupations involving handling any
type of finance issues you do have a person with advance education. The 20
year absence from the labor market would be similar to the wife and mother who
is now returning to work.
So we have a college educated woman with no work history. I would be temped to return her to school for a short brush up. This would help with showing recent new skill acquisition.
Then begin to look at placement in jobs that require a minimum of a 4 year degree in anything, the type of jobs that those with a degree in psychology would seek. I think given that she has demonstrated the ability to get through college that there would have been higher earning potential than reception work.
Now given a work restriction to sedentary I would think that therewould only be a closed period of losses...."
Male, age 20, Hispanic, high school or GED, average student, spent one
year in prison for car theft, on parole, worked 6 months on concrete pouring
crew, was injured and will not be able to work construction due to lifting
limitations, cognitive ability in tact.
One Vocational Expert's Response
"...The vocational issues for a conviction start with the type of conviction
and the length of time removed from the labor market. In the above case one year for car theft would most likely remove him from all driving occupations.
Given that past work appears to be construction I would not consider the conviction that significant as a preexisting issue that would have limited employment or earning capacity. Now if he had been a child care provider and severed 1 year for a crime against children the
preexisting issues would be very significant...."
(Scenario 2)
Female, age 40, white, college graduate (BBA), spent 20 years in federal
prison for bank and wire fraud, released, no parole, out 90 days,
interviewing for receptionist position, injured in MVA, can continue in
sedentary work, some shoulder and neck limitations, and slight lifting
limits.
One Vocational Expert's Response
"...This case creates more of a vocational challenge. While past work is old and certainly you could not consider occupations involving handling any
type of finance issues you do have a person with advance education. The 20
year absence from the labor market would be similar to the wife and mother who
is now returning to work.
So we have a college educated woman with no work history. I would be temped to return her to school for a short brush up. This would help with showing recent new skill acquisition.
Then begin to look at placement in jobs that require a minimum of a 4 year degree in anything, the type of jobs that those with a degree in psychology would seek. I think given that she has demonstrated the ability to get through college that there would have been higher earning potential than reception work.
Now given a work restriction to sedentary I would think that therewould only be a closed period of losses...."
posted by The Experts @ 2:05 PM
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