Case Scenarios
American Board of Vocational Experts
Diplomate Certification
Facts
Past Work: Oil Field
Diagnosis: Traumatic Brain injury, mild to moderate, injuries restrict to sedentary work
Type: Personal Injury Vocational Expert
Specifics: Reviewed all records: academic transcripts, personnel, depositions, earnings, neurological opinions and orthopedic surgeon opinions. Conducted a vocational evaluation with testing. Pre-injury and post-injuries capacities were examined.
Vocational Testimony was submitted by a professional comprehensive report, deposition, and jury trial.
Case Type: Personal Injury, Plaintiff, Texas District Court
Sponsoring Attorney Outcome: Optimal
Facts
Past Work: Bus Driver
Type: Personal Injury Vocational Expert
Past Work: Bus Driver for Defense Contractor
Diagnosis: Orthopedic injury, chronic pain, permanent nerve damage
Specifics: Reviewed all records provided, conducted a vocational evaluation with testing
Vocational Testimony was submitted by a professional comprehensive report. Pre-injury and post-injuries capacities were examined. Pre-injury and post-injury profiles were examined.
Case Type: Personal Injury Plaintiff, Texas District Court
Outcome: Optimal
Facts
Past Work: Federal Administrator
Case Type: Employee Discrimination Vocational Expert
Specifics: Reviewed all records provided, especially personnel records
Vocational Evaluation was approved by the Judge, a professional report was submitted that assisted the Attorney to settle the case during trial preliminaries.
Case Type: Employment Discrimination
Case Outcome: Optimal
Facts
Past Work: Police Officer
Type: Vocational Rehabilitation, City of San Antonio, Texas
Specifics: An officer who endured multiple gunshot wounds in the line of duty. Performed case management, coordinated medical care, conducted a vocational evaluation, and assisted the Police Officer with becoming re-employed through performing administrative duties for the City. Pre-injury and post-injury profiles were examined.
Outcome: Optimal
Facts
Past Work: Self-Employment
Diagnosis: Orthopedic injuries
Type: Personal Injury Vocational Expert
Specifics: Reviewed and analyzed all records: medical, personnel, & earnings records. Although the claimant indicated reduction in business, a forensic vocational rehabilitation analysis identified that the individual could be re-employed in other occupations at the same or equivalent earnings capacity
Outcome: Optimal
Facts
Diagnosis: Paraplegia
Past Work: None
Type: State of Texas Vocational Expert
Specifics: Conducted a vocational evaluation. Reviewed records, work restrictions, and academic records. Facilitated job seeking skills and interviewing coaching. Created a resume. Collaboratively worked with a local grocery store chain who modifies a cashier workstation, this organization hired and employed this individual. Employment was followed-up for 90 day.
Outcome: Optimal
Vocational Rehabilitation encompasses restorative services mutually planned by the vocational rehabilitation counselor, the client, and other stakeholders, to foster re-employment.
Vocational Rehabilitation is comprehensive and includes:
- Examining records.
- Diagnostic interview.
- Coordination and collaboration of services with medical, care team, and sometimes legal team.
- Objective vocational assessments.
- Job Description and/or Task analysis.
- *Transferable Skills Analysis.
- Labor Market Research and analysis.
- Determining possible ADA accommodations.
- Assessing vocational training programs.
- Job seeking skills services.
- Resume Development.
- Job Coaching.
- Job Placement and follow-up services.
- Report Writing.
*Transferable Skills Analysis examines acquired job skills that will allow the continuation of current knowledge and abilities across occupational families. In a vocational setting, the ability to transfer skills may be based partially on medically determinable impairments and limitations.
Within the realm of case management, vocational rehabilitation involves consulting with medical providers and/or review of medical treatment records to identify work restrictions.
How do I retain your services?
Please contact Mr. Jeffrey Kiel directly by phone (210-852-5837) or e-mail: vocexpertkiel@vocsolutions.net
(a) A signed fee schedule and retainer will be required to commence services. For defense, cases, it is understandable that it sometimes takes the carrier some time to mail checks, but a signed fee schedule will be necessary to move forward.
How long does it take to produce a report?
Mr. Kiel’s schedule is variable. Given that there is an opening, he has turned around a vocational expert report in 72 hours from time receiving records and a life care plan report in 30 days. However, there are expediting fees beginning within 10 days of report deadline. For Plaintiff cases, a catastrophic life care plan requires at least 60 days.
What materials do you need to review?
It is customary to request all documents. Documents include.
Contact Information for law firm, evaluated party (if an evaluation is permitted), and medical experts(s).
Medical with current and/or future work restrictions from a medical professional. Sometimes this information is provided through Medical Expert deposition transcripts, Independent Medical Evaluation, treatment records, disability records, and or Functional Capacities Evaluation conducted by a Physical Therapist, report, or verbal consult. For Life Care Planning, future medical treatment such as medications, skilled home health care, or probable surgeries.
Earnings records: at least 3 previous years of Pre-Injury/Illness and Post-Injury/illness if available. (Tax records, Pay stubs, schedule C, W-2 statements).
Personnel Records
Relevant Deposition Transcripts, Medical providers, opposing expert(s).
Document explaining the nature of the case; petition. Most recent supplemental amendments.
How much do you charge?
This information is provided based on a standard fee schedule. Professional time is charged at an hourly rate while deposition and trial are charged at a flat rate. Please keep in mind that given accurate case information regarding the nature of the case, and the size of documents for review, a general approximate amount could be established. In contrast, Mr. Kiel provides a quality and customized work product and will not accept a restrictive budget because a required amount of expert work needs to be performed to produce defensible work.
Do you work with third party expert agencies?
No
Do you perform medical chronologies?
Yes, a medical records review to identify treatment and future medical care, possibly impacting work, in a vocational expert case. A medical narrative is best practice for life care planning cases to fully understand supported future services and medical treatment.
Could you calculate loss of household services?
Yes, Mr. Kiel is qualified to calculate loss of household services. Vocational Rehabilitation Counselors are Rehabilitation Counselors and Mr. Kiel has opined on loss of household services. In early career, Mr. Kiel was employed at assisted living facilities. Although this is sometimes reserved for economists, the vocational rehabilitation expert could effectively identify how the individual’s impairments restrict daily living.
Do you do Life Care Plans?
Yes, Mr. Kiel has been a Certified Life Care Planner for over five years and has testified on Plaintiff and Defense Life Care Plan cases.
Can you perform economic calculations?
Yes, but Mr. Kiel defers to an economist to calculate present value.
How many cases have you testified on as an expert witness?
Mr. Kiel has testified on over 5,000 United States government cases for the Office of Hearings and Appeals in Social Security cases as a vocational expert witness. Mr. Kiel has either been retained or consulted on approximately 200 civil cases.
Where is your office located?
Mr. Kiel’s home office is located in San Antonio, TX and has offices in Austin, Texas, Houston, Texas and Dallas, Texas. Mr. Kiel’s out-of-state offices are in Las Vegas Nevada, and Orlando, Florida. He worked and traveled throughout the United States. Evaluations can be sent up through video conferencing and online test administration through video observation.