Publications : Journals

Volume 10, Number 1 Spring 2007 Special Issue: The ABVE National Certification Examination

Volume 9, Number 1 Summer 2006

Volume 8, Number 1 August 2005

Volume 7, Number 2 December 2004 Special Issue: The Use of Functional Capacity Evaluations in Vocational Forensics
Gale Gibson

Introduction to Special Issue

In the Spring of 2003, at the invitation of editors Bruce Growick and Craig Johnston, we agreed to produce a special issue of the Journal of Forensic Vocational Analysis devoted to the education and training of Vocational Experts. The goal of this issue was to identify sources and issues for education and training in forensic rehabilitation. Authors have had the opportunity to share their knowledge, research, expertise and experience with other Vocational Experts. Proposals were reviewed and selected based on their contribution to the field. The review criteria were overall quality, relevance, practical application, and originality and timeliness of the proposal.

The first manuscript was co-authored by your guest editors, and evaluates the responses to a survey requesting opinions of practicing Vocational Experts in Social Security. It reports the results in terms of the knowledge and skills needed by Vocational Experts. Suggestions to incorporate information on VE testimony within rehabilitation counselor education programs are outlined.

The second manuscript was written by Timothy N. Tansey and Julie F. Smart, both of Utah State University. It is an examination of the Council on Rehabilitation Education (CORE) development of new curricula for programs offering graduate training in rehabilitation counseling. The revised curricula provide guidelines for preparing students for careers in forensic rehabilitation. This article is a review of current CORE standards and the specific curricula areas for competencies required by vocational experts. Also provided is a methodology for implementing modifications to existing coursework, which will allow for greater exposure to principles of vocational forensics. The suggested modifications provide infusion across the rehabilitation curriculum, relying on alterations in existing coursework and, in addition, the development of coursework specific to forensic rehabilitation. Finally, the authors address considerations on why "forensic-friendly" coursework may not be widely developed.

The third article was written by Irmo Marini, Amber Feist, and Eva Miller, all of the University of Texas-Pan American. It explores the changing demographics of beneficiaries, citing increases in those diagnosed with mental disorders, obesity complications, non-English speaking applicants, and those living in poverty. . Also discussed is the Social Security Administration policies and procedures in relying upon medical and psychological experts that directly impact vocational expert testimony. Procedural implications concerning the datedness of the Social Security Grid Rules and the Dictionary of Occupational Titles is also presented as well as current administrative problems in conducting Continuing Disability Reviews.
A related piece by Chandra Donnell (The Univeristy of Memphis), Silvio Reyes (Southern Illinois University), Pamela Cogdal (The University of Memphis), and Dion Porter (Jackson State University) discusses and compares educational standards for rehabilitation counselor trainees and the recommended competencies and standards for practicing vocational experts. A comparison of both sets of standards identifies training strengths and needs for rehabilitation counselors seeking to become effective vocational experts.

Judi Drew and Bruce Growick, both of The Ohio State University, present a paper on the early role of vocational experts in determining disability for the Social Security Administration, and then discuss ways in which this role can be expanded. Vocational experts must understand the impact that age, education, residual functional capacity, and transferable skills have on the employment of people with disabilities. This expertise is crucial to the disability determination process in Social Security. However, vocational experts can be used to improve not only the accuracy and consistency of the decision-making process for eligibility, but also increase the number of SSA beneficiaries who can return to work.

The last manuscript was written by Joseph Havranek. It is a description of an elective course designed to train students in forensic rehabilitation.

We are excited about bringing this information together on vocational forensics. The field of vocational forensics will surely be enhanced when the need for training and education are addressed. It is our hope that the information presented will be of special use to you in your everyday work. Our special thanks go to all of the authors who shared our vision for this Special Issue of the journal.

Joseph E. Havranek & Martin G. Brodwin
Guest Editors, Journal of Forensic Vocational Analysis

Incorporating Expertise in Social Security Vocational Expert Testimony into University Curricula
Joseph E. Havranek, Ed.D. Bowling Green State University
Martin G. Brodwin, Ph.D., California State University

Abstract. This article evaluates the responses to a survey requesting opinions of currently practicing Vocational Experts in Social Security. It reports the results in terms of knowledge and skills needed by Vocational Experts. Suggestions to incorporate information on VE testimony within rehabilitation counselor education programs are outlined.

Training in Forensic Rehabilitation by Graduate Rehabilitation Counselor Education Programs
Timothy N. Tansey, Utah State University
Julie F. Smart, Utah State University

Abstract. In 2003, the Council on Rehabilitation Education (CORE) developed new curricula requirements for programs offering graduate training in rehabilitation counseling. The revised curricula, although not specifically intended to train students as vocational experts, does provide guidelines for preparing students for careers in forensic rehabilitation. This article is a review of current CORE standards and the specific curricula areas, which train competencies required by vocational experts. Also provided is a methodology for implementing modifications to existing coursework, which, while maintaining CORE requirements, will allow for greater exposure to principles of forensic vocational evaluation. The suggested modifications provide infusion across the rehabilitation curriculum, relying on alterations in existing coursework and, in addition, the development of coursework specific to forensic rehabilitation. Finally, the authors address considerations as to why the development of "forensic-friendly" coursework may not be a widely adopted practice, even with the range of feasible modifications.

Vocational Expert Testimony for the Social Security Administration: How Beneficiaries, Related Experts and the Process has Changed
Irmo Marini, University of Texas-Pan American
Amber Feist, University of Texas-Pan American
Eva Miller, University of Texas-Pan American

Abstract. With the Social Security Administration beneficiary rolls currently approaching 51 million, and new benefit awards exceeding 4.3 million claimants in 2002 alone, the Social Security Trust Fund is expected to run deficits by 2031. This paper explores the changing demographics of beneficiaries, citing increases in those diagnosed with mental disorders, obesity complications, non-English speaking applicants, and those living in poverty. Also discussed is the Social Security Administration policies and procedures in relying upon medical and psychological experts that directly impact vocational expert testimony. Procedural implications concerning the datedness of the Social Security Grid Rules and the Dictionary of Occupational Titles is also presented as well as current administrative problems in conducting Continuing Disability Reviews.

Examining Rehabilitation Counselor Preparedness as Vocational Experts
Chandra M. Donnell, The University of Memphis
Silvio Sean Reyes, Southern Illinois University
Pamela Cogdal, The University of Memphis
Dion F. Porter, Jackson State University

Abstract. Approximately a decade has passed since the role and function or knowledge level and training needs of rehabilitation counselors has been examined (Leahy, Szymanski & Linkowski, 1993; Leahy, Chan, & Saunders, 2003; Szymanski, Leahy & Linkowski, 1993; Szymanski, Linkowski, Leahy, Diamond, Thoreson, 1993). More recently, substantial research of competencies and standards for vocational experts has occurred as well (Weed, 2000; Sleister, 2000; Martin & Sinsabaugh, 2001). However, it appears as though a comprehensive review of the "match" between rehabilitation counselor training and vocational expert witness standards has yet to occur. This article discusses and compares educational standards for rehabilitation counselor trainees and the recommended competencies and standards for practicing vocational experts. A comparison of both sets of standards will identify training strengths and needs for rehabilitation counselors seeking to become effective vocational experts.

The Role of Vocational Experts in Determining Disability in Social Security in the 21st Century
Judith L. Drew, MA, CRC, The Ohio State University
Dr. Bruce Growick, Ph.D., The Ohio State University

Abstract. This paper will present the early role of vocational experts in determining disability for the Social Security Administration, and then discuss ways in which this role can be expanded. Vocational experts must understand the impact that age, education, residual functional capacity, and transferable skills have on the employment of people with disabilities. This expertise is crucial to the disability determination process in Social Security. However, vocational experts can be used to improve not only the accuracy and consistency of the decision-making process for eligibility, but also increase the number of SSA beneficiaries who can return to work.

A Model Course for Training in Forensic Rehabilitation
Joseph E. Havranek, Bowling Green State University

Abstract. An approach to education for rehabilitation counselors who aspire to serve in forensic rehabilitation has been developed. It is a post-master's course in forensic rehabilitation. This article is a brief description of such a course intended to facilitate others' efforts to achieve similar courses of study.

Volume 6, Number 2 December 2003 Special Issue
Forensic Vocational Analysis and Testimony for Permanent Disability Claims In State Workers' Compensation
Gene Van de Bittner, Guest Editor

Evaluating Workers' Compensation Claims for Permanent and Total Disability in California: A Vocational Rehabilitation Methodology
Eugene E. Van de Bittner, Ph.D

Abstract. For many years, vocational experts have been retained to provide opinions regarding the level of an applicant's permanent disability. This article addresses the development of opinions by vocational experts for use in establishing permanent disability ratings for workers' compensation claims in California. The services of vocational experts are needed increasingly in the California workers' compensation system. However, there is no established methodology for conducting a vocational rehabilitation evaluation to assist the parties in determining the level of permanent disability for individuals with serious disabilities in this particular setting. An evaluation methodology is proposed in this article to address this need.

Evaluating Workers' Compensation Claims for Permanent and Total Disability in Washington State: A Forensic Vocational Rehabilitation Methodology
John F. Berg, M.Ed.

Abstract. Since the 1970's, vocational expert opinion has been relied upon significantly for permanent and total disability determinations by the Board of Industrial Insurance Appeals (BOIIA) in Washington State. The "Board," as it is known, is a remedy available to injured workers for benefit appeals including permanent total disability. This appeal precedes Superior Court, Court of Appeals, or Supreme Court appeal opportunities. This article addresses historical trends and methods used in Washington State appeals by vocational experts. This article considers a methodology to standardize assessments by VEs for pension appeals in workers' compensation cases. The last decade has seen increasing reliance on vocational experts in Board appeals. The Board is required by the legislature to publish "significant decisions," which provide case law findings to concerned parties (http://www.wa.gov/biia/ptd.htm). However, Washington State has no standardized methodology of preparing a case for Board consideration involving vocational testimony. This article proposes an evaluation method for consideration.

Role and Function of the Vocational Expert in Workers' Compensation in Arizona
Gretchen Bakkenson, MA

Abstract. Vocational experts involved in the litigation of Arizona Workers' Compensation claims assist with the determination of an employee's loss of earning capacity (LEC) during periods of permanent partial disability and temporary partial disability. The vocational expert with rehabilitation experience will also be called upon to assess the impact of pre-existing conditions upon earning capacity. These issues and others have been defined by statue and case law, and continue to evolve the standard of practice and methodology the vocational expert utilizes to provide their opinion. This article will address these issues and provide examples of assessment.

Workers' Compensation In Nebraska: An Examination of the Rehabilitation Counselor's Role and How the ABVE Mentoring Program May Improve Services
Barton W. Hultine, Ed.D.

Abstract. Nebraska Workers' Compensation Legislation stipulates that Vocational Rehabilitation Services in Worker's Compensation be provided by persons who have achieved the status of a Nebraska Vocational Rehabilitation Counselor (NVRC), with the Nebraska Workers' Compensation Court. A NVRC is not only entitled to perform rehabilitation planning, but is also certified to perform Loss of Earning Capacity (LOEC), studies. The Court has struggled to refine this process to maximize the efforts of vocational rehabilitation training and employment assistance opportunities throughout the history of the Court, and is currently struggling with inconsistencies in LOEC reports and rehabilitation planning. This article outlines the current process and legislation in determining Loss of Earning Capacity and rehabilitation planning. The article also discusses some of the current legislative planning that attempts to further define and improve the vocational rehabilitation process.

The Use of Vocational Experts by the Ohio Industrial Commission: Building a Better Employability Assessment
Craig Johnston, MRC
Bruce Growick, Ph.D.

Abstract. Under workers' compensation law in Ohio, individuals who sustain impairment during the course of their employment that is so severe that they are incapable of engaging in any work in the national labor market are eligible to file for permanent total disability. As a part of this application process, physical and psychological specialists must evaluate these individuals, and their files are subsequently referred to employability assessors. These vocational experts are retained to offer an impartial opinion on a claimant's ability to engage in sustained remunerative employment due to an industrial injury, specifically addressing the impact of non-medical factors on work potential. This article examines case law, which has shaped permanent total disability in workers' compensation in Ohio, examines the inadequacies of the current report format, and offers recommendations for improving the reports.

The Role and Functions of Vocational Experts in Workers' Compensation in Florida
Ronald J. Spitznagel, Ed.D.
L. Stuart Cody, MHS

Abstract. Workers' compensation cases very easily become adversarial. The introduction of experts who are to be objective and non-biased toward either side is becoming common in many states. In Florida the vocational expert can be any individual who is so recognized by the court. However, Florida Statutes determined that only a certified vocational evaluator could provide a vocational evaluation (training/education) through the Division of Workers' Compensation. The three options where a vocational expert could be used would be well within the training of a certified vocational evaluator considering the various tasks that a vocational expert is shown to do especially in a vocational evaluation.

Volume 6, Number 1 June 2003
Investigating O*NET's Suitability for the Social Security Administration's Disability Determination Process
Sigrid B. Gustafson, Ph.D.
Andrew M. Rose, Ph.D.

Abstract. The paper documented the results of analyses that the American Institutes for Research conducted for the Social Security Administration (SSA). The research was designed to determine the appropriateness of SSA's replacing the Dictionary of Occupational Titles with the Department of Labor's Occupational Information Network (O*NET) as the occupational information source that SSA would rely upon it its disability determination process (DD)). The investigation included analyses of the O*NET Content Model and of the quality of O*NET scales and data. The results demonstrated both advantages and disadvantages of SSA's using O*NET. Recommendations were made concerning ways that O*NET could be adapted to SSA's current DDP.

Transferable Skills Analysis and Vocational Information During a Time of Transition
Jeffrey A. Truthan, M.S.
Sylvia E. Karman, B.A.

Abstract. Vocational case managers, counselors, and experts are faced with a dilemma about Transferable Skills Analysis (TSA) because the U.S. Department of Labor (DOL) is making a transition from the venerable Dictionary of Occupational Titles (DOT) to the new Occupational Information Network ()O*NET) system. The DOL is no longer updating the DOT, and it has actively promoted O*NET as a replacement for the DOT for career exploration and workforce investment purposes. Yet, an examination of O*NET reveals that it is not suitable for disability adjudication and vocational rehabilitation use. The DOL acknowledges the fact that O*NET is not designed for forensic use, and has been working with the Social Security Administration for two years to identify types of additional data that are needed to augment O*NET-SOC information for forensic purposes. This article describes the historical context of the DOT, explains some challenges facing both the aging DOT and the new O*NET, identifies the dilemma confronting vocational professionals because of this transition, and most importantly, suggests some interim solutions.

Utilizing Vocational Experts in Employment Discrimination Cases
Craig S. Johnston, MRC
Bruce Growick, PH.D.

Abstract. In cases involving allegations of discrimination in employment, vocational experts are often asked to assess the vocational loss and monetary damages arising from employer bias or wrongful termination. The role of the vocational expert in the damages phase of a lawsuit is to assist the courts in understanding the employment and economic impact of alleged prejudice. The expert can identify whether the plaintiff has been adversely impacted by the employers actions, and thereby experienced a loss in access to their local labor market, or whether the individual has the potential to find comparable employment, thus mitigating damages. Experts can also serve as valuable resources in gauging liability, particularly in cases relating to the American with Disabilities Act. Through such methods as assessing an employers' compliance with existing laws, their attempts to offer reasonable accommodations, and their willingness to offer job modifications, the vocational expert can assist the court with adjudging violations of existing statutes. This article provides a general discussion on employment discrimination, including statutes protecting individuals from discrimination, the role of the vocational expert in such cases, and what plaintiff and defense attorneys need to know when retaining an expert to assist in their case.

Transferable Skills Analysis and Standards of Practice: Wherever the Two Shall Meet?
Larry G. Kontosh, PH.D.
Joe Wheaton, Ph.D.

Abstract. This study examined the Standards of Practice for the execution of transferable skills analysis (TSA). Specifically, it investigated the relationship among rehabilitation case type, method of transferable skills analysis, and TSA computational procedure. No statistically significant relationship among the variables was found causing concerns about the application of TSA in forensic settings. Respondents reported using computer programs to perform a TSA approximately 56% of the time. This percentage is problematic because of issues of interrater reliability, differential application to case types, and the arrival of O*NET.

The Ticket to Work: The Unintended Consequences of an Imperfect Law
Bruce S. Growick, Ph.D.
Judith L. Drew, M.A.

Abstract. Like many new legislative acts, the Ticket-to-Work law administered by the Social Security Administration has produced some unintended consequences. The Act was not meant to assist every beneficiary in obtaining employment, and it certainly cannot replace the State-Federal system of VR. Yet, the unintended consequences of this law have created problems that are rendering it ineffectual. As a result, it appears this new law will not achieve the goal of restoring the fiscal integrity of the SSA Disability trust fund unless its implementation is restructured. This article outlines some of these changes, and that the problems with the law that would be remedied.

Effect of Non-Exertional Limitations on Sedentary and Light Occupations
David C. Patten, Ed.D.
Wendy L. Patten, B.S.

Abstract. This article presents research on the non-exertional requirements of Sedentary and Light jobs in the Dictionary of Occupational Titles. Results indicate that Sedentary and Light jobs require a high level of reaching, handling and fingering but not climbing, balancing, stooping, kneeling, crouching and crawling. Results of this study are important to Vocational Experts as they analyze non-exertional limitations on their clients in the forensic setting.

Volume 5, Number 1 - December 2002 - Special Issue
The Assessment of Transferable
Work Skills in Forensic Settings
Roger Weed, Guest Editor

Toward a Foundation for Determining Loss of Earning Capacity: Transferability of Skills Definition, Method and Application
Gale G. Gibson, MA
James H. Earhart, MEd
Peter J. Lento, MEd
Abstract. Foundation, method, definition and application of Transferable Skills Analysis (TWS) are developed in detail as the preferred method for establishing the basis for determining future Employability and Earning Capacity. The skills and worker traits possessed by a worker are rooted in the work history and verified by the vocational expert. The work history profile is adjusted using the results of medical, educational and vocational evaluations to establish the residual employability profile of skills, physical abilities, and worker traits as defined by the Department of Labor in the Dictionary of Occupational Titles. With this profile the transfer of skills process searches the occupational database to determine vocational alternatives. The search methodology is based on the U.S. Code of Federal Regulations and involves a complex matrix that confines the search to skills within the same or similar Work Fields (WF) and Materials Products Subject Matter and Services (MPSMS) at or below the associated skill levels defined by the Specific Vocational Preparation (SVP) values in the individual's work history. The adjusted worker trait profile is used as a filter through which occupations selected by the WF-MPSMS-SVP search are subjected, as opposed to other methods that utilize worker traits as the primary search criteria. The authors caution that the TSA process requires the vocational expert's judgment on establishing the work history, adjusting the worker trait profile and interpreting the results.

The Classic Model of Transferability of Work Skills: Issues Affecting the Accurate Assessment of Future Vocational Options in Earnings Capacity Assessment
Steve Bast, MHS
John M. Williams, DEd
Patrick L. Dunn, PhD
Abstract. This article discusses initially the elements of a classic transferability of skills analysis (TSA), and then presents a number of strategies designed to facilitate the effective use of this methodology by vocational experts charged with assessing future earning capacity in civil litigation. In addition, it covers the degree to which transferability of skills parameters influences the pre-injury work histories of persons who were later involved in administrative and/or civil law procedures. The work histories of 258 clients of private rehabilitation services were analyzed using the classic TSA model.

Transferable Skills Analysis: A Common Sense Approach
Timothy F. Field, PhD
Abstract. This article reviews the history of transferability of skills based on government data and offers suggestions for contemporary analysis of future work potential in forensic settings. The article concludes that the O*Net is not a method for transferability of work skills and the rehabilitation professional will continue to rely upon the Dictionary of Occupational Titles and related resources. Further, the basis of transferability is, and will continue to be, a variation of the methodology used for determination of Social Security Disability Insurance benefits.

Understanding Transferability and Occupational Classifications: Implications for Vocational Forensics
Patrick L. Dunn, PhD
Larry G. Kontosh, PhD
Abstract. Occupational classifications such as Work Field and Materials, Products, Subject Matter and Services (MPSMS) are of particular relevance in the construction of vocational opinions. This article discusses the rationale for the use of occupational classifications in relation to vocational development theory, proprietary rehabilitation, and transferable skills analysis. Research related to the relevance of these classifications is discussed in the context of their use in construction of opinions of employability and loss of earnings capacity.

A Daubert Perspective on Transferable Skills Analysis: A Plaintiff Attorney's Perspective
Tyron Elliott, Esq.

A Daubert Perspective on Transferable Skills Analysis: A Defense Attorney's Perspective
Alan R. Gries, Esq.

Volume 4, Number 1 - December 2001

Defining Earning Capacity: A Process Paradigm
John P. Tierney
Ronald E. Missum
Abstract. Though earning capacity is the usual standard in defining lost earnings, the courts do not always allow it. Distinguishing earning capacity from expected and actual earnings may create unduly limited categories of thought that detract from insightful perception of the issue. This article proposes a process model for considering earning capacity. It differs from traditional models by forsaking common definitions, and, by focusing on the process, allows the earning capacity of a particular individual to emerge.

Comparisons of Pre-Injury Characteristics of Injured Workers Across Levels of Post-Injury Occupational Congruence: Potential Applications for Transferable Skills Analysis
Patrick Dunn, PhD, CRC
Hal M. Cain, PhD, CRC
Abstract. The purpose of this study was the identification of significant differences in vocational traits and personal and rehabilitation case management characteristics among injured workers of varying occupational congruency between post-injury and pre-injury employment. Thirty-nine variables were considered, one of which (temperamental capacity for working with people) differed significantly among levels of occupational congruency. Twelve other variables were found to approach statistical significance, most of which related to personal characteristics or vocational traits related to communication skills or ability to work with people, and may have some practical utility. The results of the study are discussed in relation to vocational assessment procedures. An agenda for future research endeavors is also discussed.

Pediatric Earning Capacity: Developing a Defensible Estimate of Pre-morbid Earnings
Rodney Isom
Thomas R. Barton
Linda Holloway
Abstract. The Supreme Court made a land mark decision that has changed how experts are identified and what evidence will be admitted. The changes have caused vocational experts to have a greater understanding of the research regarding estimating the pre-morbid earning capacity of children who suffer catastrophic conditions. The body of research in the area of labor economics and sociology is reviewed and discussed. Both disciplines arrive at comparable estimates of the predictive value of the parents' level of occupational obtainment, educational level of obtainment, and earnings to their children's. Absent other information useful in making the estimation due to the early age of the onset of the disabling condition, pre-morbid earnings capacity is best predicted by parents' level of earnings, and/or parents' level of educational obtainment.

Predicting Wage Earning Capacity in Litigated Personal Injury Cases
Larry S. Stokes, PhD
Kristin L. Maestri, MHS, CRC, LRC
Abstract. A study was conducted on 75 subjects involved in personal injury litigation, through a review of closed files in a private vocational rehabilitation practice. The purpose of this study was to determine the predictive relationship between age, education, pre-injury hourly wage, skill level, exertion level, physical restrictions, time since injury, number of previous injuries, intelligence, letter/word recognition, reading passage comprehension, arithmetic calculation, arithmetic applied problem solving, the number of job search efforts, and wage earning capacity. A principal component analysis was conducted to reduce the variables resulting in loading on four factors. A varimax rotation of the factors revealed six variables heavily loading on Factor 1, which is educational achievement. These variables included education, intelligence, letter/ word identification, passage comprehension, arithmetic calculation, and arithmetic applied problem solving. A step-wise regression analysis was conducted, which included only Factor 1 in the equation model. The conclusion is that educational achievement is correlated with wage earning capacity both pre- and post-injury, and can be used in a predictive model.

The Vocational Expert and Educational Competencies
E. Davis Marin, Jr. EdD, CRC, NCC, LPC
Larry L. Sinsabaugh, PhD, CRC, CDMS, NCC, LPC, Diplomate ABVE
Abstract. Rehabilitation practitioners who function as vocational experts (VEs) in the legal arena share a common but diverse educational experience in the human services ranging from graduate education in rehabilitation counseling, social work, psychology to that of nursing and medicine. Ethical practice in this emerging occupational specialty has been influenced by multiple codes of ethics and has, as well, been constrained by the delayed development of a shared or common educational or training experience for those who desire to practice in this arena. The American Board of Vocational Experts (ABVE) is called upon to champion the design and development of a distinct educational experience that imparts the skills of vocationology with the goal of standardizing the process of providing expert testimony or opinions. Similarly, the ABVE is called upon to update and revise its Statement of Professional Standards (code of ethics) to recognize, in particular, the effects of the Daubert decision.

Ethical Dilemmas and the Vocational Expert: Pathways to Resolution
Craig S. Johnston
Michael A. Klein
Abstract. Vocational experts are often asked to provide an opinion on employability and earnings capacity in a variety of legal settings. Qualifying as an expert requires training, experience, and proper credentials. As significant as these criteria are in establishing oneself as an expert, adherence to ethical standards also plays a major role in maintaining credibility. Experts are bound by a code of ethics that serve as a guideline during marketing, referral, assessment, and testimony phases of a case. Often however, ethical lines become blurred during the course of an expert's involvement in a case. This article identifies common ethical dilemmas in the work of a vocational expert, asserts the need to maintain ethical standards, and suggests possible methods for responding ethically.

Volume 3, Number 1 - December 2000

Historical Development and Statistical Analysis of The American Board of Vocational Experts (ABVE) National Certification Examination: Norms, Reliability, Validity and Cross Validation.
McCroskey, Bill J. , Lageman, Hank, J., Streater, Scott e. Stein, David, Mayer, Lindette, Dennis, Kenneth L.
Abstract. This research recounts the historical development and statistical analysis of the American board of Vocational Experts (ABVE) National Certification examination. It provides development of the 1998 3rd edition ABVE Exam and the construction of the 1998 Norms for this ABE National Certification Examination. The internal consistency reliability coefficient as measured by Cronbach's alpha of all three editions of the ABVE Exam including the original 1988 1st Ed (R = -.90), the 1995 2nd Ed. (Rxy = 0.83), and the 1998 3rd Ed (R = .92) have been analyzed. These are reported in the statistical analysis sections for this study. Excellent face, content, and construct validity were identified and demonstrated for all three editions of the ABVE Exam. Standard score total Test Results of two Cross-Validation groups one Expert and one Non-Expert, were compared against scores of the 1998 ABVE Expert Norms Group on the 3rd edition of the ABVE Exam. Theoretically, both groups fit exactly where one would expect them to fit within the Norms distribution. This research includes the results of two predictive validity studies and many tables and graphs to illustrate the extent to which the ABVE Exams have been studied. On-going research is recommended to maintain the ABVE Exam as a valid reliable measure of the forensic Vocational Psychological and regulatory Expertise construct for which it was designed.

Annotated Bibliography of Topics in Forensic Vocational Knowledge and Applications Related to the 1998 3rd Edition ABVE Examination.
Mayer, L. L.
Abstract. This particular bibliography has been updated and sectionalized to cover basic knowledge areas that are apropos to the 3rd edition of the ABVE certifying examination. Areas noted are Measurement Reference and Research Tools; Expert Testimony foundations: Vocational Assessment, VE Testimony, Research and Precedent-Setting Cases, Expert Witness Qualifications and Testimony; Selected Government or government-Related References; Psychological Assessment, Achievement, and Aptitude; Specialized Resources: Testing and Rating Guides, Pain Measurement, Computerized Job-Person Matching Systems and Related Tools Used to Evaluate Cases for Social Security, Workers Compensation,, Personal Injury, General Disability, Wrongful Death, Divorce and Similar Types of Cases; Pain Assessment and Measurement, Selected Computerized Job-Person Matching, Labor Market Access and Pre/Post Injury Earning Capacity Prediction.

Concerns Regarding Workforce Participation for People Living with HIV/AIDS.
Cherrick, R.E, & Sharupski, K.A.
Abstract. This study describes specific concerns people living with HIV/AIDS have regarding workforce participation. Primary data collection consisted of self-report survey methodology on a cross-sectional convenience sample. The result indicated that most respondents were white non-Hispanic males, with occasional training and/or a high school diploma. Forty percent were working full or part-time. Employed respondents were younger, had higher CD counts, and reported better health status. Concerns regarding workforce participation included decline of job skills, health care coverage, and problems with IV medication. One fourth of respondents employed since HIV-diagnosis is reported experiencing discrimination employment status for people living with HIV/AIDs may be contingent upon supporting return-to-work initiatives and models, as well as eliminating discriminatory work and health care policies.

Quality of Life: A Comprehensive Model for Rehabilitation Assessment in Litigation.
Williams, J.M. and Murphy, P.
Abstract.The value of using quality of life (QOL) as a conceptual model and practical framework for providing rehabilitation expert testimony concerning vocational and other life-care needs and interventions in civil litigation is examined. The theory and empirical evidence in support of QOL as a model for judging the efficacy of rehabilitation interventions and outcomes as well as a rationale for providing rehabilitation expert testimony are offered. The relationship between QOL and human function across five domains, (psychological, physical, cognitive, vocational/economic and social/leisure) is explored.

A Scientific Approach to Transferable Skills.
Grimley, C.P., Williams, J.M., Hahn, Steven J., and Dennis K.
Abstract. The McCroskey Transferable skills Program ( MTSP 2000) Transferable Skills Percent (TSP) scale was found to be a valid predictor of the average responses of 93 vocational experts tested using the ABVE Transferable Skills Evaluation Test instrument. The predictive validity coefficient between the MTSP 2000 TSP rankings and the criterion-reference prediction estates of the vocational experts (N=93) was extremely high (RXY + 0.96). Correspondingly, the coefficient of determination (R2 = 0.92) was extremely high. Finally, the standard error of estimate (SEE = 0.357) was found to be very reasonable.

Earnings Capacity Mitigation: Three Paradigms and A Common Investigative Approach.
Toppino, D. & Agrusa, J.
Abstract. In most forensic cases involving future pecuniary loss, the plaintiff's mitigation earning capacity is a critical variable which must be determined with accuracy. Operationally defined as the "highest probable level of post-incident earnings reasonable attainable by the plaintiff following injury, divorce or employment discrimination from which he or she has a legal responsibility and in some jurisdictions a legal duty to minimize impairment to income stream, "mitigation earning capacity' is the offset in a comprehensive earnings loss assessment. A related concept loss of earning capacity (LOEC), is the projected difference in wage and fringe benefit earnings streams between the plaintiff's pre-incident and post-incident power to earn money in the competitive marketplace.
This paper presents the three primary vocational LOEC models and their applicability to various case types. A comparison of the pre-incident versus post-incident income base is discussed in terms of fluidity of earnings, The article concludes with a comprehensive review of six primary variables which impact upon the forensic expert's independent evaluation of post-incident employability and mitigation earning capacity. This generalized investigative approach may reveal discordance and potential disparity between demonstrated post-incident earnings and mitigation earnings capacity. Abbreviated case histories are incorporated to assist the reader in further conceptualizing mitigation earning capacity.

COMMENTARY. Hedonics: Reality or Fantasy?
Spergel, P.
This particular commentary focuses on the appropriateness and necessity to deal with the loss of the value of life suggesting this is to be a preference to hedonic loss or loss of the pleasure of life. Dr. Spergel notes that issues raised in the realm of hedonics represent complex problems and necessitate further discussion and debate.

Book Review. Field, T.T, in association with Choppa, T., Dillman, E.G.,Garner, D., Grimes, J.W., Jayne, K. Kelsay, E., Kilcher, J. & Taylor, D. (2000). Athens, GA: Elliott & Fitzpatrick, Inc. A Resource for the Rehabilitation Consultant on the Daubert and Kumho Rulings. 112 pages, $19.95.
Stein, David.

Book Review. Ireland, T.R., Horner, S.M., Rogers, J.D., Gaughan, P.A., Trout, R.R., and Piette, M.J. (1998). Tucson, AZ: Lawyer and Judges Publishing Company. Expert Economic Testimony: Reference Guide for Judges and Attorneys. 325 pages, $75.00.
Dillman, Everett G.

Book Review. Weed, R.O., Ed. (1999). Boca Raton, FL: CRC Press. Lifecare planning and case management handbook. 502 pages, $99.95.
Neulicht, Ann.

Book Review. Akabas, S.H., Gates, L.B., Halvin, D.E. (1992). New York: American Management Association. Disability Management. $65.00.
Kaufman, Lynne.

Test Review. Wilkinson, G.S. Wilmington, DE: Wide Range Inc. Available through Psychological Assessment Resources (PAR) Introductory Package: $125.00.
Osipow, Samuel H.

Volume 2, Number 1 - August 1999
Special Issue on Emerging Markets of Vocational Experts
Guest Editor: Chrisann Schiro-Geist, Ph.D.

Volume 1, Number 3 – December 1998

Volume 1, Number 2 – June 1998:

Volume 1, Number 1 – June 1997

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