Sington?

1. Sington? Presented by: Hostetler, Fontaine & Associates

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

3. What does that really mean? • Opinions vary • Need for vocational experts to perform evaluations to determine the economic impact of an injury/restrictions on a claimant’s wage earning capacity. • Reality • This is not Vocational Rehabilitation…. Although it might be

4. When to use it • All cases- probably not • Legal cases-absolutely • Does this replace rehabilitation- yes and no

5. Why use it? • You may never know what you will find • It may work • Part of an overall litigation strategy • Prelude to services • What to do if the plaintiff attorney says no

6. What should a Sington Analysis Labor Market Survey Independent Vocational Evaluation include? Face to face meeting, if at all possible Vocational testing, if at all possible A significant document review including: Employment records School/training records Medical records/ recent restrictions *See HFA form

7. Why? Regular jobs within the market place paying maximum pre-injury earnings within qualifications, training, and current physical ability. Real jobs in the real world Must obtain information regarding job duties, job requirements, and physical requirements. Hearsay Sources Michigan Talent Bank Internet Cold Calls Direct contact with employers Follow-up Efforts of plaintiff to seek work Efforts of others to seek work Job lead letters Multiple surveys Follow-ups Labor Market Survey

8. Maximum Wage Capacity vs. Present Ability to Earn What are they? • Specific questions must be asked about the individual’s employment background. • Date and time of employment • Job duties of each position performed • Physical requirements of each position performed *See handout • Wages • Transportation

9. Carnoskes Decision Questions the Vocational Rehabilitation expert should have answered: • What are the plaintiff’s qualifications and training? • What job with his/her qualifications and training constitutes plaintiff’s maximum earning level and how much did it pay per week? • Are there regular jobs in the labor market paying plaintiff’s maximum pre-injury earning’s within his/her qualifications and training that are reasonably available? • What efforts have the plaintiff or others made to secure post-injury employment? continued…..

10. Carnoskes Decision continued…… • Was post employment secured? • What was the nature of the work? • Does there continue to be a substantial job market for such work? • What are the wages typically earned for such work compared to plaintiff’s wages at time or injury? • What length of time did plaintiff work job? • Has work ceased, if so, why?

11. Testimony • Preparation -discussion between defense attorney and expert • Review file for privileged information • In person testimony vs. deposition • Outcomes • Who should you choose

12. Politics