1. Report on ABVE conference session:
Employability Assessment (EA) of
Total & Permanent Disability (TPD) Claims
Margaret Black, Lynda R Matthews, Michael Millington
Faculty of Health Sciences, The University of Sydney

2. EA emerged as a new model to meet Australian TPD legal and policy requirements
EA is similar to US forensic vocational assessment methodology
US legal cases such as Daubert (1993)* impacted on forensic vocational experts’ professional practice
Forensic vocational experts attending the ABVE conference were invited to contribute advice on four questions relevant to EA …
Background
*Daubert v. Merrell Dow Pharmaceuticals (92-102), 509 U.S.579 (1993)

3. Questions on forensic vocational assessment
1. How have cases like Daubert influenced your work? 2. What do the courts regard highly in assessments? 3. Why use standardized methodology? 4. How to maintain scientific rigor of each assessment? Each table grouping of certified forensic vocational experts brainstormed two questions and wrote their collective advice. Many left business cards or contact details on their posters. Good connections with US and Canadian forensic vocational professionals and organisations were made. Their comments have been synthesised and summarised…
Questions on forensic vocational assessment

4. Advice from US forensic vocational experts
1. How have cases like Daubert influenced your work?
Improved the system with training, certification, standardization
Introduced higher standards in procedure and process to be credible and bullet-proof
Established standard methods, more explicit about methodology and the basis for professional opinions
More precision, consistent use of standardized methodology which is reproducible, regular review of industry standards
More structured interviews, greater objectivity - how does evaluee compare to norm population
Pursued training, maintained credentials and ethical standards
Improved documentation
References for methodology, peer reviewed resources, journal articles, disability and employability publications
More journal articles and published opinions from academics and practitioners
Rehab academics interpret legal statutes & data; disseminate information, lead discussion, develop methods/applications
Advice from US forensic vocational experts

5. Advice from US forensic vocational experts
2. What do the courts regard highly in assessments?
Objectivity, validity, reliability, scientific rigor, focus on facts
Standardized methodology from professional literature, consistency of methodology
Appropriate steps in methodology – a pathway to conclusions/opinions
Objective testing, appropriate norms
Structured alternative occupations offering rehab/skills/retraining
Labour market research, real world knowledge of labour market and world of work
Wide array of data which all converges to specifics of case at hand
Ecological validity – how information/results relate to real life
Consistent quality – edit for judgemental words/comments, edit, proof, edit again
Citations, recent research statistics, peer reviewed evidence based results
Advice from US forensic vocational experts

6. Advice from US forensic vocational experts
3. Why use standardized methodology?
Dependability (reliability), credibility (validity/reliability), scientific replicability
Increases practitioner’s adherence to consistent method
Efficiency for reviewers/audience to understand path taken to arrive at conclusions
Ensures all bases are covered for legal setting
Helps plan and outline data in familiar process
Eliminates bias, supports expertise and professional opinion
Consistency in evaluations so all factors and issues are considered using appropriate measures
To identify deviations, inconsistencies compared with scientific norms
Adherence to ethical standards
Advice from US forensic vocational experts

7. Advice from US forensic vocational experts
4. How to maintain scientific rigor of each assessment?
Consistently follow standardized methodology, tests and measures
Standardized approach regardless of referral source
Use DOT, O*Net, TSA, psychometrics, standardized (Dept of Labor) data for occupational and labour market
Qualitative to quantitative, subjective to objective - triangulate for incremental validity
Be aware of your biases, stay in your lane - maintain role within expertise and with objectivity
Record keeping and documentation within legal guidelines so others can review/replicate work
Deal in probabilities not possibilities, confirm facts, know the labour market
Only ethical standards are historically consistent
Take your signature seriously, it is your work product
Advice from US forensic vocational experts

8. Personal observations from ABVE* conference
Certification of those conducting forensic (medicolegal) vocational assessments is very highly regarded
Training and continued education in forensic vocational assessment is a requirement for maintaining certification
There appears to be great professional support, sharing and research within the forensic vocational expert community
Canada also has certification programs to suit their systems
The Australian medicolegal sector and vocational assessment professionals would benefit from an independent certification program
Personal observations from ABVE* conference
To discuss, contact Margaret on or *

9. Thanks to my PhD Supervisors, Associate Professor Lynda Matthews and Dr Michael Millington
Travel assistance gratefully received from The University of Sydney Postgraduate Research Support Scheme
Thanks to Karen Robertson and Lena Kesoglou for contributing their expertise and charm to my session
ASORC President Michael Iacovino recorded greetings to the Conference, well received
My warm thanks to Cindy Grimley, Conference Chair; Stephanie and Nick, ABVE headquarters
Finally, thanks to all the delegates who took such an interest in providing advice about employability assessment and in all things Australian – look forward to your ABVE conference “down under”
Thanks
Margaret