Author: Linea Broadus

Brain Injury Case That Resulted in a Multi-Million Dollar Award

Unsure of the impact a team of experts can make on your case?  It could be a matter of multi-millions…. We recently had the pleasure of working with Ms. Karen Gold, Esq., from Trauma Law Center on a case that resulted in a net award of over 8.8 million dollars in arbitration.  It is always gratifying to work with such a great group of experts and get the outcome everyone worked so hard for. Congratulations to the team from Trauma … Continue reading Brain Injury Case That Resulted in a Multi-Million Dollar Award

TBI and Failure to Return to Work

The Correlation Between Traumatic Brain Injuries and the Ability to Return to Work

Many of the clients we see have suffered a traumatic brain injury. What makes these cases so interesting is the complexity of the injury and how much the symptoms vary from person to person. Although it can be argued that any injury can have a spectrum of symptoms and effects on return-to-work, it is especially true in TBI cases. Brainline.org puts this in perspective in their article, TBI Research Review: Return to Work After Traumatic Brain Injury. Here are some take-home … Continue reading The Correlation Between Traumatic Brain Injuries and the Ability to Return to Work

Minimum Wage Increases and Loss of Earnings

The State of California’s Department of Industrial Relations has outlined the annual minimum wage increases that will take effect over the next few years. Although this is a statewide requirement, the actual increases vary by ordinances. Below is a comparison of the state’s specified increases and Los Angeles County’s actual increases. For cases that involve an employee who earns minimum wage, these increases are crucial in calculating future loss of earnings. Los Angeles County: State of California Department of Industrial Relations

Which Experts Do You Need For Your Case?

A common question we get asked is: When is a team of experts needed?  And, more specifically: When does a case need an Economist and Lifecare Planner in addition to a Vocational Expert?  The quick answer is that the complex cases require multiple experts. It is helpful to have both a Vocational Expert and an Economist on a case when there is not a simple difference in earning capacity; i.e., the client has benefit packages, including loss/reduction in retirement and 401k contributions, … Continue reading Which Experts Do You Need For Your Case?

Vocational Expert: Should you use one?

How do you know when you need a vocational expert on your case?  Generally, vocational experts provide guidance on cases where there is a question as to Loss of Earning Capacity. This is different, of course, than loss of earnings. If a plaintiff has recovered to the point where he or she is able to return to the same job held before the incident, or to the same level of earnings, any loss is easily calculated based on the amount of past time lost from work. However, … Continue reading Vocational Expert: Should you use one?

Future Lost Earnings vs. Lost Earning Capacity

What is the difference is between Future Lost Earnings and Lost Earning Capacity? Clarifying these terms can have a big impact when analyzing a case and determining accurate calculations. According to the California Civil Jury Instructions: “To recover damages for future lost earnings, plaintiff must prove the amount of income/ earnings/ salary/ wages he/she will be reasonably certain to lose in the future as a result of the injury.” On the other hand, lost earning capacity is defined as “the loss of ability to earn money. To recover … Continue reading Future Lost Earnings vs. Lost Earning Capacity

California Supreme Court Addresses Seating Laws

The California Supreme Court has recently reviewed two cases and clarified what constitutes the need for a “suitable seat” when an employee is performing a task that can be done both sitting and standing. For a vocational analysis, this is important to consider when addressing work restrictions and the impact they have on feasible occupations for an employee. The National Law Review summarizes the court’s findings and its impact on future cases: https://www.natlawreview.com/article/take-seat-california-supreme-court-provides-clarity-california-s-suitable-seating

This Trend May Affect Employment Options

As a Vocational Expert, I am often asked whether or not I think working remotely is a feasible option for someone suffering from an injury.  The truth is, although there are work from home options available, many companies are cutting down on the amount of time employees are allowed to work remotely and some companies are eliminating the option all together.  Knowing this current trend is one reason I am hesitant to recommend it as possible employment. Rebecca Greenfield from … Continue reading This Trend May Affect Employment Options

Chronic Pain and Emotional Distress

When assessing injury cases from a vocational standpoint, it is common to find that a client may not be determined permanently disabled on a physical basis alone, but is permanently disabled when combined with other factors.  One of the most common examples of this is the relationship between chronic pain and the effects it can have on a person psychologically. Dr. Srini Pillay, M.D., touches on this subject in the Harvard Health Publications, stating:  “When pain first occurs, it impacts your … Continue reading Chronic Pain and Emotional Distress

New Amendment to AB 2427

With 2017 in full swing and the calendar of trial dates filling up, we wanted to make sure that you are aware of a new amendment to the Code of Civil Procedure that affects the admissibility of expert testimony. In the past, the expert was required to bring their materials listed in the notice with them on the day of the deposition.  This new amendment now requires that these materials must be produced no later than three business days BEFORE … Continue reading New Amendment to AB 2427