Journal of Vocationology, 1(1), Fall 19951
The Journal of Vocationology
Volume 1(1), Fall 1995
1995 by Vocationology, Inc.
(PREMIERE ISSUE COMPLETION DATE: 11/11/95)
Inside This Issue: The Scientific Approach. Feature Articles include:
1.Expert Testimony Under the Daubert Decision
2.Statistical Basics for Vocational Evaluation and Earning Capacity Analysis and Prediction
3.The Vocational Quotient as a Predictor of Earning Capacity: Three Separate Predictive Validity Studies and One External Validity Generalization Study
4.New Earning Capacity Paradigm for MTSP 7.11R
5.Recalibrated Earning Capacity Link Relatives (ECLRs) for the 600+ MTSP 7.11R Job Bank Databases
6.Estimating Present Value Benefits-to-Pay Ratios
7.Automated Neuro-Psychological Assessment Metrics Norms
8.McDOT, McPLOT, and MTSP 7.11/R: 1995 Job-Person Matching and Earning Capacity Prediction System Upgrade Update Based on the Latest Empirical Studies
Note from the Editors: The Journal of Vocationology is a private, fully-copyrighted, Research-Oriented, Journal, which is published periodically (typically 1 time per year) by Vocationology, Inc. Major Articles considered for inclusion are subject to Peer and Editorial review, prior to inclusion in the Journal of Vocationology. – Eds. Billy J. McCroskey, Ph.D. & William E. Wattenbarger, Ph.D. (612-378-7040)
The primary purpose of the Journal of Vocationology is to disseminate scientific research and related information deemed relevant to the field of Vocationology (See definition in The Vocationologist, Vol 1, 1) and related disciplines including: Psychology, Student Personnel Services, Career Development, Rehabilitation Economics, Rehabilitation Counseling, Job Analysis, Trait-Factor Theory, Vocational Evaluation and Work Adjustment. From time to time, research and informational articles may be invited or solicited from recognized experts in Vocationology and related fields.
Inside This Issue
7 / Expert Testimony: Evolving Vocational And Rehabilitation Economic Technologies, The Federal Rules Of Evidence And The Daubert Decision - Craig L. Feldbaum, Ph.D. & Billy J. McCroskey, Ph.D.15 / Statistical Basics Revisited for Vocational Evaluation and Earning Capacity Analysis under Daubert: A Need for Forensic Standards – Billy J. McCroskey, Ph.D. & Craig L. Feldbaum, Ph.D. .
21 / The Vocational Quotient (VQ) As A Predictor Of Calendar Year 1994 Minnesota Starting Wages: Study #1 -Billy J. McCroskey, Ph.D. & Steven J. Hahn, M.S.
31 / The Vocational Quotient (VQ) As A Predictor Of Calendar Year 1994 Minnesota Starting Wages: Study #2 - Billy J. McCroskey, Ph.D., Steven J. Hahn, M.S., Kenneth Dennis, Ph.D. & Scott E. Streater, D.V.S.
39 / The Vocational Quotient As A Predictor Of Fiscal Year 1994 Wisconsin Starting Wages: Study #3 - Billy J. McCroskey, Ph.D., Steven J. Hahn, M.S., Kenneth Dennis, Ph.D. & Scott E. Streater, D.V.S.
47 / Earning Capacity Link Relatives (ECLRs) for use with the 8/16/95 revision of The McCroskey Transferable Skills Program (MTSP 7.11R): Study #4 - Billy J. McCroskey, Ph.D., David Bohlke, M.S. & Scott Streater, DVS
53 / A Curvilinear Approach For Estimating Present Value Benefits-To-Pay Ratios Based On Historical National Income Trends 1959-1991: Study #5 - By Billy J. McCroskey, Ph.D., Robert Male, Ph.D. & David Frank, Ed.D.
59 / Automated Neuro-Psychological Assessment Metrics (ANAM) In Vocational Evaluation: Study #6 - Kenneth Dennis, Ph.D., LP, & Billy J. McCroskey, Ph.D., CRE, ABVE
68 / MVQS McDOT 7.11, McPLOT 7.11 & MTSP 7.11R Upgrades for 1995!
The Peer Review Committee
Kenneth Dennis, Ph.D., LP, Chair
Robert Male, Ph.D., CEA
Steve Hahn, M.S., CVE
David Stein, Ph.D., ABVE
Scott Streater, DVS, ABVE
Judith Harper-Haley, MRC, ABVE
Craig Feldbaum, Ph.D., LP, ABVE
Claude Peacock, MS, ABVE
David Frank, Ed.D., LP, ABVE
Kenneth Dennis, Ph.D., LP, Chair -
Dr. Dennis is privately employed as a Rehabilitation Psychologist. He hails from the Rochester, Minnesota area. He has taught at the University of Wisconsin-Stout and at other Universities in the Midwest.
While at the University of Wisconsin-Stout, Dr. Dennis taught a wide variety of graduate Rehabilitation Counseling and Vocational Evaluation Courses including courses dealing with Occupational and Job Analysis, Ergonomic Job Restructuring and Re-engineering, Vocational Evaluation using a variety of Tests and Work samples, Rehabilitation and Medical Case Management, Utilizing Computerized Job-Person Matching and Earning Capacity Prediction Programs, Job Placement and related courses. Dr. Dennis has also taught courses on computer programming. He programs in a number of computer program languages. In his Private Practice, he utilizes computers in a wide variety of work tasks including: vocational analysis, vocational and psychological testing, rehabilitation and occupational/job task analysis and related consulting work. Ph: 507-280-4053. Internet address: .
Craig L. Feldbaum, Ph.D., LP, CRC -
Dr. Feldbaum is the Clinic Director of the LSU Medical Center Vocational Assessment and Counseling (VAC) Clinic. Dr. Feldbaum is an Associate Professor within the Department of Rehabilitation Counseling, Louisiana State University Medical Center, School of Allied Health Professions, 1900 Gravier Street, New Orleans, Louisiana 70112-2262.
Dr. Feldbaum provides vocational and psychological evaluation and counseling services and teaches advanced graduate coursework at the LSUMC VAC Clinic. He spends approximately one-third of his time engaged in research and writing. He also continues to maintain a small number of cases in his forensic-oriented private practice.
Prior to his current employment at the LSUMC, Dr. Feldbaum was in full-time private practice for over 16 years and served as Director of the Center for Vocational and Rehabilitation Psychology in Covington, LA. Phone: (504) 568-4330; Internet Addr: cfeldb@/sumc.edu
Steven J. Hahn, M.S., CVE -
Mr. Hahn currently works as an Educator and Job Coordinator at the Ridgedale Alternative Program (RAP) located in Golden Valley, Minnesota. He holds an M.S. from the University of Wisconsin-Stout. He teaches and works with at-risk high school students.
Prior to his current employment, Mr. Hahn worked for many years as a Licensed Minnesota Qualified Rehabilitation Consultant (QRC), Certified Rehabilitation Counselor (CRC) and Certified Vocational Evaluator (CVE). In his role as a rehabilitation services provider, he engaged in a wide variety of vocational analysis, psychometric testing and related evaluations, vocational rehabilitation and medical case management, on-site job analysis, ergonomic work task restructuring and re-engineering, job-person matching and placement work. Ph: 612-473-3879.
Scott E. Streater, D.V.S., ABVE -
Dr. Streater currently works as a Vocationologist in the Private Sector in Winona, Minnesota. The majority of his Vocational Analysis and Private Consultation work is done in conjunction with cases in the States of Wisconsin and Minnesota. He regularly participates in on-going labor market research, vocational testing, occupational analysis and job bank development research, all of which are important components used in producing reasonable estimates of pre- and post-injury earning capacity. Ph: 507-452-1936.
Robert Male, Ph.D., CEA -
Dr. Male serves as Chair of the Human Studies Dept. at Marylhurst College, in Marylhurst, OR. Dr. Male also serves as Vice-President of Academic Affairs at Marylhurst College. He is the Past-President of the American Rehabilitation Economics Association (AREA), a Certified Earnings Analyst (CEA) and a frequent contributor to Rehabilitation and Economics literature. Bob’s literary contributions have been published in such notable Journals as the Journal of Rehabilitation and the Journal of Legal Economics, for which he is a Peer Reviewer. Ph: 503-636-8141.
David Frank, Ed.D., LP, ABVE -
Dr. Frank has been in full-time private practice since 1972. He is the President of Psychological Services, Inc., and works in the dual role of Licensed Clinical Psychologist and Vocational Expert and Pre/Post Injury Earning Capacity Analyst. He is a Past President of the American Board of Vocational Experts (ABVE) and excerpts from his expert testimony have been cited in Supreme Court Decisions included in the West Law Book published in St Paul, Minnesota. Ph: 219-872-9019.
Claude F. Peacock, MS, CRC, ABVE -
Mr. Peacock serves as the Director of the Rehabilitation and Employment Institute of Alabama located at 267 West Valley Ave., Suite 236, Birmingham, AL 35209. He was the former Executive Director of the American Board of Vocational Experts (ABVE) and Editor of the Journal of American Rehabilitation Therapy. Mr. Peacock is the Developer and Patent Holder of the Portable Assessment 1 (PAS1) SWEAT Machine, which objectively tests Physical Lift Strength and Range of Motion relative to general adult employed worker norms. Ph: 205-942-7229.
Judith Harper-Haley, MRC, DLCV, ABVE-
Ms. Harper is the President of Harper Vocationology located at 8745 Grissom Rd Suite 109 San Antonio, TX 78251. Ms. Harper is a Diplomate Level ABVE and a Consulting Vocationologist (DLCV) with years of experience in Rehabilitation Services.
Ms. Harper has been called upon to provide Vocational Analysis and Expert Testimony in a variety of types of cases ranging from personal injury to social security. Her work in rehabilitation includes vocational and medical case management, vocational testing, evaluation, wageloss calculations, and marketing consultation. Occasionally, she also finds time to provide Mediation Services in Texas. Ph: 210-684-8717.
David Stein, Ph.D., ABVE -
Dr. Stein is currently in Private Rehabilitation Practice in New Jersey, where he serves as the Director of Vocational and Occupational Consultants located at 11 Dundar Road, PO Box 890, Springfield, NJ 07081.Ph: 201-564-9538.
Dr. Stein is the Past President of the National Association of Rehabilitation Professionals in the Private Sector (NARPPS). He is president-elect of the American Board of Vocational Experts (ABVE).
Dr. Stein has long been a National Leader in the field of Rehabilitation. He has testified as an Expert on numerous occasions around the United States.
Journal of Rehabilitation Editors:
Billy J. McCroskey, Ph.D., CRE, CRC, CRV, ABVE -
Dr. McCroskey is currently the President of Vocationology, Inc., located at 2021 East Hennepin Ave., Suite 408, Minneapolis, Minnesota, 55413-2726. He is the Founding Editor of both The Vocationologist, and the Journal of Vocationology. Dr. McCroskey spends approximately 50% of his time engaged in starting and average wage research. He was the Original Developer and Senior Author of the Vocational Diagnosis And Residual Employability (VDARE) Process. He has engaged in many years of research leading to development of the McCroskey Vocational Quotient (VQ), the DataMaster Program Series and the MVQS McDOT, McPLOT and MTSP 7.11/R series of Worker Trait Factor Job-Person Matching Programs and Earning Capacity Prediction Systems.
In his research, Dr. McCroskey has developed and updated more than 1,000 Job Bank Databases of frequently-hired-for jobs. Dr. McCroskey’s Job Person Matching and Earning Capacity Systems have been critically reviewed and critiqued in all three Comparison of Job Person Matching Systems Publications (Botterbusch, 1983 & 1986; McDaniels, et. al., 1994).
Dr. McCroskey is a Diplomate Level Vocational Expert (ABVE), Certified Rehabilitation Counselor (CRC), Certified Rehabilitation Vocationologist (CRV) and Diplomate Level Certified Rehabilitation Economist (CRE). He is a graduate of the University of Georgia, and a life member of both the American Board of Vocational Experts (ABVE) and the American Rehabilitation Economic Association (AREA).
Dr. McCroskey has presented White Papers on the Predictive Validity of the Vocational Quotient at several National Conferences. He currently specializes in Pre/Post Injury Employability Evaluations and Earning Capacity Determinations. Dr.. McCroskey has worked on 5,000+ cases involving Individualized Vocational Rehabilitation Planning, Medical Case Management, Job Placement, Job Analysis, Earning Capacity, Workers Compensation, Rehabilitation Economic Past and Future Wageloss, Personal Injury, Wrongful Death, Harassment, Discrimination, Divorce and Social Security. Ph 612-569-0680, e-mail address: .
William E. Wattenbarger, Ph.D. -
Dr. Wattenbarger hails from Warm Springs, GA. He is the co-editor for both the Vocationologist and the Journal of Vocationology. He is the President of Rehabilitation Innovation, Inc. and works as a Supervisor at the Roosevelt Warm Springs Institute.
Dr. Wattenbarger is a computer programmer extraordinaire and has provided the programming skills necessary to bring the McDOT, McPLOT, and MTSP series of Programs to fruition. Dr. Wattenbarger co-developed and co-authored the VDARE Process. He enjoys family time and working quietly behind the scenes. Ph: 706-655-5030.
Thanks to all the hard work done by the editorial assistant, Ms. Lisa Forsell, and Peer Review Committee, the Journal of Vocationology is well on its way and here to stay!
Journal Motto - When worker capacities equal or exceed job demands, employability and earning capacity exist. (BJM, 1981).
If you liked what you saw in this Journal and would like to receive future copies of the Journal, let us know. If you didn’t like what you saw in this Journal and would like to comment, drop us a line or two in the mail and let us know. If you would like to contribute to this Journal, let us know at our address below. If you would like a printed copy of this journal, please send $39.95 for the first copy and $9.95 for each additional copy ordered on the same purchase order to:
Dr. Billy J. McCroskey, President
Vocationology, Inc.
2021 E. Hennepin Ave., Suite 408
Minneapolis, MN 55413-2726Phone: (612)370-7040
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Expert Testimony: Evolving Vocational And Rehabilitation Economic Technologies, The Federal Rules Of Evidence And The Daubert Decision
by
Craig L. Feldbaum, Ph.D. And Billy J. McCroskey, Ph.D.
Abstract
The incremental construction and ongoing development of a psychometrically sound empirical foundation for our field must be given our priority attention. Actually, there has always been a need to scientifically develop a scientifically collected base of knowledge from which responsible vocational, rehabilitation, and rehabilitation economic expert conclusions could be derived, but changes in relevant laws have given these efforts a special urgency. Particularly as rehabilitative and vocational technologies are applied within the forensic context, we are forced to look closely and critically at our tools, in light of the human, judicial and financial consequences of errant judgment.
Changing Standards For Admissibility Of Expert Witness Testimony
Relatively recent changes in the federal law and their inconsistent, yet sometimes parallel application at the state level have altered the way vocational and rehabilitation experts must conduct their day-to-day operations, select their instruments and disclose their findings. With the advent of new technologies, methodologies and theories, the burden falls on our field to develop reliable and valid measures of residual employability and earning capacity with court defensible empirical and psychometric properties.
Frye V. United States
Since 1923, the standard for admissibility of expert scientific testimony has rested on the legal precedent established in Frye v. United States. The so-called “Frye” test of admissibility has been widely embraced, requiring that scientific evidence meet “general acceptance” criteria. This demanded that, prior to being considered admissible by the Court, expert testimony must be based upon a “scientific principle or discovery, ... sufficiently established to have gained general acceptance in the particular field in which it belongs.” Many state and federal courts have been inclined to rule that expert testimony based on methodology which was significantly divergent from procedures generally accepted by recognized experts in the field could not be shown to be generally accepted as a reliable technique, and thus was not admissible under Frye.
Long considered the sole criteria for admissibility, the Frye test has rightfully stimulated hot debate. Not only does the Frye test prove questionable and vague in specific instances, but it has been likened to “scientific nose counting” (Stern, 1994) or some type of technological popularity contest. In a field undergoing continual, but gradual upgrading of educational and competency standards, gauging our evolving technologies by majority rule is not a promising way to proceed.
Application of “general acceptance” has been an impediment and has imposed undue delays in the development and application of innovative research in forensic situations, as there would obviously be a considerable time lag between initial experimental implementation of a new instrument, theory or procedure and its eventual general acceptance under the Frye test. Any chilling effect which may be attributable to the general acceptance standard must be balanced, however, by the heightened level of responsibility and competency required of the vocational and rehabilitation economic examiner to responsibly use reliable and valid methods, procedures and instrumentation, which address case-relevant forensic issues. This was strongly emphasized by the US Supreme Court on 6/28/93 in the Daubert Decision.
Daubert V. Merrell Dow Pharmaceuticals
In Daubert v. Merrell Dow Pharmaceuticals, Inc., 113 S. Ct. 2786, 2795 (l993), the United States Supreme Court held that the Federal Rules of Evidence superseded Frye and provided the standard for admitting expert scientific testimony. Among others, the Supreme Court referenced Rule 702 of the Federal Rules of Evidence, which requires scientific expert testimony to be reliable (based on scientific knowledge, methods and procedures) and relevant (testimony which will assist the Trier of Fact).
Under Daubert, federal judges, and increasingly more state judges, are assuming a gatekeeper role regarding the admissibility of expert testimony. The trial judge must make an independent assessment of the qualifications and methodologies of the expert, under Rule 702 of the Federal Rules of Evidence.
Specifically, under Daubert, a trial judge will consider:
a.The expert’s qualifications.
b.Reliability and scientific validity of the expert theories and methodologies. This involves modification of the Frye test of general acceptance in the scientific community to include the application of factors discussed or implied in Daubert, including, but not limited to:
1.The extent to which theories, methods and procedures used by the experts have been, or can be, tested.
2.Whether the theories, methods and procedures have been subjected to peer review or publication.
3.The potential error rate (frequency of erroneous results).
4.The existence and maintenance of Standards. And,
5.Whether expert theories, methods, procedures and instrumentation have been generally accepted by the relevant scientific community.
c.“Fit” which addresses relevancy in terms of the extent to which the trier of fact will be assisted by the expert testimony to be presented.
d.The role of the judge or jury, which, under Daubert, necessarily involves more rigorous scrutiny in the preliminary assessment made by the judge as to whether the reasoning and methods used by the expert are scientifically valid.
While Daubert purportedly should not focus on the experts conclusions, but rather on the principles and methods used, in reality, these are difficult judgments to separate, both emotionally and intellectually. In Daubert , the United States Supreme Court held that Rule 702 of the Federal Rules of Evidence superseded Frye. The Supreme Court noted that “evidentiary reliability will be based upon scientific validity.”