Seen The Reasonable or The Unreasonable Person Lately? I Look Every Day!

Reading Time: 5 minutes

This is a summary of my written responses to a discussion question while studying forensics through George Washington University a few years ago.  It includes edits and additions of course, because that’s what a writer does

Question: What does the term “reasonable man”  as a legal expression used in both criminal and tort law mean to you? (That’d be me, Amy the student at the time, with the online discussion involving my cohort from across the country!)

Answer: To me, I believe the term “reasonable (ahemm) person” refers to a theoretical person in society who shows average judgment, skill or care in his or her conduct; and this “person” becomes a standard or a basis for comparison when deciding issues of liability in civil or criminal cases involving negligence. 

…But then I start asking myself more questions, like, so how would an average person behave under the “exact same circumstances and conditions” because how could the context or a situation ever be the same to more than two people? With unique personalities, the many layers of culture in society, who really can be seen as average? 

…and doing my own questioning again, I thought, just how is one average person selected during the formation process, let along twelve “average people” who are impartial to the case and have the energy and focus needed to develop into a jury pool?

Image result for jury cartoonI’ve been summoned for jury duty once in recent memory, but didn’t move through to a next step. I have no idea why! Although I would love to serve on a jury, as it is a right and a duty, I wonder if my profession for some reason had anything to do with the selection process. The one thing that would bother me though is sitting for a long time during a trial. Ouch! Would need yoga!

Okay, so I continued with my thought process and answer: Our legal system compares actions of people and makes a decision based on the factors involved whether or not a reasonable person would or would not do the same thing. Using this standard can lead to strange outcomes I’ll bet. For my research, I found an interesting read titled Brigham Young Law Review titled Better Off with the Reasonable Man Dead or the Reasonable Man Does the Darndest Things

It’s written by Randy T. Austin in 1992 and includes numerous citations and some funny foot notes! One part reads: The Reasonable Man first appeared in the law in the 1837 case of Vaughan V Menlove. The defendant’s haystack caught fire due to poor ventilation. The defendant had been warned on numerous occasions that this would happen if he left the haystack. The defendant argued he had used his best judgment and did not foresee a risk of fire. The court held his best judgment was not enough. He was to be judged by the standard of a reasonable man.

Another part reads: The Reasonable Man Did he evolve? Was he created? has had many first names: Prudent, Ordinary, Typical, Ideal, Average, Right Minded. He has qualities of a good citizen, an ordinary chap.

On the other hand, others say he is inadequate, makes mistakes, is selfish and afraid. He does typical things (for example, takes out the garbage, opens doors for others) he doesn’t do atypical things (like park his car on the busy freeway to scrape a small blob of bird poop off his windshield or drive his ball when he clearly sees golfers still on the putting green.)

Image result for bird poop on windshield

It was a HUGE Blob! All the drivers on the freeway should’ve known why I stopped!

The Reasonable Man is shy and he doesn’t want to talk about himself, but his best friends (judges and law professors) are happy to talk about him. And talk about him a lot they do!

The review concludes that the reasonable man has enjoyed a long and prosperous career in law and the author Randy believes due to the arbitrariness of the standard and insensitivity to gender issues, it’s time to thank him for his contributions and bid him a fond farewell. So be it.

Then I found this written by George Bernard Shaw to ponder: The reasonable person adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. 

Next, I decided I’m going to play a game I just made up called Reasonable or Not Reasonable? As I move throughout my city, in the community and my own hood, I’ll keep a look out for a Reasonable Person or a Not Reasonable Person and decipher what transpires (via my own eyes) and brainstorm why it may be that I think this person is or is not average. The context, situation and circumstances will matter, and whether or not I’m somehow involved in the interaction will too. 

I’ll tally up how many average people and exceptional people I meet on a particular day and then talk to someone (You, my attorney reader?) about my results. What do you think my probabilities will look like? No doubt in my mind this will be a fun learning experience!  As a counselor, I have that sixth sense about others!

Related imageAs an aside, have you seen the play production 12 Angry Jurors? I saw the play at North High a few years back, with Taylor and Bridget being 2 of the jurors. I’ve also seen it at the Civic Center with Richard Thomas as the lead. It’s a great dramatic production and makes you really think about doubt!

I’m sure you’ve studied the “reasonable person” standard, please share any good legal case stories! Thank you for reading, and just a little more, here’s the link to my disclaimer because I’d like you to read it, too. Let me know what I can do to help you help your client, especially with a case that’s going to trial!

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Cross Examination is Like Playing Ms. Pac-Man & I Like it!

Reading Time: 4 minutes

I know that a good attorney who excels at cross examining an expert witness is thoroughly knowledgeable of their case. There’s volumes of information and data that needs to be absorbed and analyzed before going to court! 

You my attorney reader, use intuition and instinct to discover weak points in the witness’ presentation, and in a fair and calm manner, formulate and ask clear questions to elicit precise information. This requires patience and self-control, especially when you’re working on the spot! Job well done!

I’ve been a vocational expert witness during workers’ compensation court proceedings about 12 times over the last 16 years. I have served in courtrooms (mostly conference rooms with a workers’ compensation deputy commissioner presiding) with up to eight people present.  Recently, I’ve also testified in divorce court proceedings, personal injury and medical malpractice cases. For a copy of my most recent litigation history, please inquire and I’ll be happy to provide it to you.

From my side of the stand, I better be familiar with rough courtroom conditions!

I’ve experienced verbal assaults on my work, my credentials, my vocation, and even my personality (I’m too nice, huh? hahaha!!) by the opposing attorney. I learned a lot from prior mistakes but I learn even more from recent successes.

I remember my first court appearance many moons ago. I was the primary job placement specialist on a case when the opposing attorney stabbed my body language in an erroneous and made up way.  Because there was nothing to see because human bodies speak for themselves, he undermined his credibility not mine. And I remember that well.

Image result for old fart cartoonI have no idea what the old fart was trying to do, but the judge didn’t care for it either!

I remember another court case  (this was in Council Bluffs) that involved typical cross examination, starting out with repeating basic questions to get different responses from me…then the pressure was applied! I used first-hand knowledge and communication skills to respond to his questions, remaining true to my convictions while expressing strong belief in my work.

Hopefully I revealed to everyone in the room that being confident, calm and polite is a respectful way to answer difficult questions (even personal attacks). The judge on this case was newly appointed at that time. I don’t know the decision nor have I reviewed the transcripts on that case. I suppose decisions and transcripts could help me to some degree, but I don’t ever have direct access to them plus to me it’s likely they are not pertinent to any future case other than learning from miscue or miscommunication errors.

My goal as an expert witness is to win over the people in the courtroom.

To prepare for cross, I think of all the factors that may arise on a case and pay close to attention to what I want to say about 5 to 7 main issues or circumstances most likely at the meat of the matter, commonly being extent of loss of earnings. I realize the cross examiner will try very hard to prove his or her theory of the case, while devaluing mine. The opposing attorney wants to discredit me, and will eat away at any potential weakness in what I said or reported.

I really am pretty good at Ms. Pac-Man! Wanna play?

Ms Pac-Man

I rely on my expertise, research on disability and rehabilitation, objective evidence, direct placement experiences, the principles of ergonomics along with the provision of reasonable accommodation to help determine an individual’s work potential.

I understand how worker profile changes may impact access to the labor market and wage earning capacity. I can respond creatively by highlighting the constructive and favorable strengths of how my work brings successful results and focus on the positive nature of change, motivation, and choice.

I educate everyone in the courtroom about the scope of my practice and how it works when the individual agrees with my approach. Most importantly, I match people within their own world of work which takes time, attention and a great appreciation for the jobs people do everyday.

Image result for jobs cartoon

Need help with your litigated case involving work and disability? Let me know what you see as the most important aspects of the case and I’ll let you know if I believe I’m the right person to help you help your client.  I’ll view my  interests, do a conflict of interest check and consider whether or not the case is in my area of expertise. And keep in mind I work on both sides of the fence!  Need an expert?  Contact me and thank you for reading.

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Rights of the Expert Witness ~ I’ll Take a Veggie Slice, Please

Reading Time: 3 minutes

Rights of the Expert Witness

expert

I continually assess and evaluate (there I go again!) my rights, values, professionalism, and of course ethics (which I really enjoy!?!) and am hopeful to write more on these topics and my career in the field of forensic rehabilitation counseling.

As far as rights, I found this great listing online (website is referred to below), and yes I added the graphics! I agree with the following essential considerations for taking on the role of expert witness:

  1. I have the right to be paid for my work.  Dream of Getting Paid
  2. I have the right to be prepped in advance of my testimony.
  3. I have the right to ask questions about the case.
  4. I have the right to work for either side, without fear of retribution.
  5. I have the right to change my opinion from previous testimony, as long as my opinion is evolving (based on new information, science and/or experience) rather than revolving (based on which side I’m working for). 
  6. I have the right to say “I don’t know”, if in fact, I don’t know. Just because I’m the expert doesn’t mean I have all the answers. I am clearly okay to say “I’m sorry, that’s outside my scope of practice”.
  7. I have the right to solicit objective feedback about my testimony from  the attorney who has called (and of course, they have the right to  decline to give it).
  8. I have the right to set limits with counsel about the scope of my testimony. 
  9. I have the right to disagree with another expert’s practices or  conclusions, even when I perceive that expert to be: a.) more educated;  b.) more famous; or c.) more experienced. 
  10. I have the right to disregard the initial instinct to view opposing counsel’s expert as the enemy, but instead recognize everyone’s role in the process and share pizza and a bottle of wine with that expert after trial is over.

Pizza

 Truly, It’s All Good Work!

I am glad my career continually evolves! I accept responsibility when providing forensic vocational services to be clear, truthful and comprehensive in my evaluation and report products, and in my role as an expert witness. Thank you for reading!

Please contact me Amy Botkin for more information ~ 515-282-7753 or vocresources@gmail.com

I’ll take a veggie slice and a glass of Chardonnay please. You?

Source for Rights: http://www.forensichealth.com/2011/07/13/10-things-the-fho-expert-witness-bill-of-rights/

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

“Somebody Call for An Expert?” I’ll Answer That Call!

Reading Time: 3 minutes

I’ve written about my fondness for Eeyore and want you to know I’m a bit attached to Gopher as well, especially when he comes to the rescue! You’ve heard the story when Pooh eats too much honey (honey is often on Pooh’s mind) at Rabbit’s place, gets rotund, and subsequently gets stuck in Rabbit’s front door.

Rabbit is not happy and help is needed! Gopher recommends using dynamite, and he’s an expert with that subject, but Pooh isn’t so hot on the idea. If dynamite was needed, Gopher was ready for the rescue! I’ll answer just like Gopher but am not an expert in dynamite, I am in forensic rehabilitation consulting!

Gopher

Popping out, Gopher exclaims “Somebody call for an expert?!” 

After thinking it through, Pooh, with assistance from his friendly team, realizes how to get unstuck. He agrees with Christopher Robin’s recommendations to patiently wait until he gets thin. Time passes, and it works (he gets thin!), however, he still needs a good jolt to move through the door. The team is successful and Pooh ends up in a happy place…filled with honey! 

Honey! Yummy! Related image

I hope you appreciate this Pooh story. I, too, use my expertise to help out in complex cases. I also hope you realize that a good expert has more than expertise that you can appreciate! 

I strive to educate others in a clear manner and explain a complex  subject to a lay audience in simple terms.  It’s important for me to stand up under questioning (here’s a post on intimidation), commit to my opinion, and stay within my area of expertise. Thankfully, all my training including my background in Community Health Education helps!  And you know what else, a good expert like me cares. I love my career, and deeply care for my work.   

When I made an executive decision to study forensic rehabilitation counseling at George Washington University (back on April 15, 2013), I initially felt a bit overwhelmed but focused on following through with the decision, complete the course, and graduate (which I did on August 15, 2014 ). The program taught me more about courtroom testimony and issues as they relate to personal injury, medical malpractice, life care planning, marital dissolution, product liability, and catastrophic injury cases.

The GWU forensic rehab graduate certificate takes about a year and half to complete and is similar to when I committed myself….ha ha, and completed the Life Care Planning certificate program in 2011 through the University of Florida.

My goal for completing yet another educational program allowed me to gain valuable insight on how to function more effectively, efficiently and confidently within the legal system. Although most of the coursework is online, visiting Washington DC is always awesome!  

When labeled “a firecracker” by a classmate during our 15th class reunion, I had to look up what that meant!

Yes, I realize I can be a bit firecracker-like, mostly because I’m a bold individual and will do what I have to do to accomplish my goals. There’s plenty of satisfying work to accomplish and life constantly moves forward at a really swift pace so it’s important to not slow down. I work hard for my customers, for myself and for my family.

I believe it’s always beneficial for lawyers and experts to spend time getting to know each other. Yep, attorneys think differently than counselors. So, please let’s spend a little quality time together before we meet in a courtroom! It will truly prove beneficial. You’ll find I’m a genuine person who truly cares about serving as an expert in the field and am willing to offer my voice to help you help your client.  Give me, Amy Botkin, a call at 515-282-7753. Thank you for reading!

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Employment Discrimination and Help With a Litigation Fix!

Reading Time: 4 minutes

As a vocational expert, I can help sort out the consequences of employment discrimination cases in many ways and from “both sides of the fence”.  To me, this phrase means I will be fully instrumental to help serve your client without falling off and hurting the case because I have a full grasp of what I’m on to. To accomplish this goal, I balance your case with your client’s story and use all my instincts and brain power…kinda like a cat!

Black Cat on FenceCats’ tails are instrumental in balance!

Cats’ tails serve as a counterbalance when cats walk on narrow spaces, such as fences. However, one of my felines from long ago, (Max 1987 – 2002) was a Manx, henceforth no tail but he was well able to manage cat life with his strong body shape in every way! I asked my vet, and yes, even cats with amputated tails have proven to re-learn how to balance.

Employment discrimination cases need plenty of proof and evidence. Loss of salary, loss of benefits, and lengthy unemployment can be quantified pretty easily. Other qualitative issues are more difficult to assert. For example, if there is a claim the loss of job adversely impacts income and questions surface regarding economic realities, I can help with educating the individual on how to engage in a meaningful and productive job search, or I can assess the extent, quality, and reasonableness of a current job search. It is important to keep employer attitudes towards hiring an individual terminated from previous employment in mind.

Further, I can help to determine the impact on earning potential and perform a beneficial vocational assessment and evaluation that provides data, and offers qualitative detail such as, for example ~

  • results of a labor market survey providing local job availability along with wages and benefits associated with those jobs
  • qualifications for a variety of  jobs in a person’s labor market
  • vocational training options following the discrimination or termination

I can also help uncover whether or not a good cause for termination of employment existed. That’s why documenting real time employer and/or employee comments prove helpful to sort out the nuances of the case. I’ll take a deep look at a behavior or situation that any reasonable person agrees would or would not warrant discharge. I can help determine the ramifications of ~

  • Attendance
  • Dishonesty
  • Endangerment of health and safety*
  • Illegal conduct
  • Insubordination
  • Personality/attitude problems
  • Poor interaction with subordinates
  • Work performance and productivity
  • Violation of work policies and rules

*If disability is involved in the case, under the employment provisions of the Americans with Disabilities Act (Title I of the ADA), I can assess for qualifications, physical demands and work-related attributes; and identify reasonable accommodation(s). Keep in mind, I believe that for every disability there is some form of assistive technology to allow continued employment. Most times there is more than one way to do a job!

If necessary, I can provide expert testimony to help prove the loss of job was or was not accountable, understandable, or reasonable. Do you have a case where I might help? Give me a call and let’s talk! I hope you’ll find our conversation interesting (I can give you a couple recent case examples). And if you like cats, let me know why, really! And if you don’t like ‘em, I really want to know why!

DudeCats have other unique advantages besides their beloved / not so loved personalities.

If falling (which doesn’t happen much based on my own personal cat ownership research) a cat’s head twists to inform the brain exactly how to restore alignment in a millisecond and a perfect landing is guaranteed!

16 Claws

 

If a cat falls from a porous surface, 18 hooked claws do their work in an instant!

Do I have you more interested in cats or my work as a vocational expert!?!

Felix Feeling Loving 5-30-2010

Felix (2002 – 2015)

I very much miss my Felix. As mostly a cool outdoor cafe’ kitty, you were quite a lover! Felix shared his feline life with me through many a fix (both his and mine) over the years.  Keep me (and Felix with his secret bag of tricks) in mind to help in dubious or even in basic situations involving employment discrimination. I definitely can help your case through a litigation fix & thank you for reading my blog post!

Vocational Resources Plus, LLC * 515-282-7753  * VocResources@gmail.com

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Need A Good Report? Rebut No Matter What!

Reading Time: 5 minutes

I was taught that vocational report writing is a very powerful form of communication and can influence the degree of success for the individual for whom it was written.  I love to communicate through the written word and have written many, many, reports! Blog posts too!

So this blog is to be sure you, my Attorney Reader, know I’m here to help critique and/or rebut a report that may cross your desk.  Image result for report

How many people do you know who really love to write reports? I do! It’s not that the report writing process is easy, it’s a challenge!!

Let me ask: Have you ever read (or tried to decipher) a vocational report that doesn’t make sense?  Is the report ambiguous and difficult to read? Does the person it was written for understand it? Do you understand it? Is it possible the report can be defended? Or should the report be ripped apart, piece by piece to get to its’ nuts and bolts? Need a critique or a rebuttal? I’m here to help!

Rebut No Matter What! 

Bull

This was my husband Randy’s Grandpa Cliff Yearington’s Bull. Cliff knew a lot about Bulls & Bulls*** too. 

Loosen, take apart and re-assemble that poorly prepared report. Will it fall apart or simple wobble on? A poorly prepared report stresses difficulties but doesn’t offer much information about solutions. It talks about weaknesses rather than strengths; deficits and negatives rather than pluses and positives. It seeks to make threats rather than suggest changes. It uses multiple words, unclear statistics, and a slick method to confuse rather than clarify.KeepitSimple

Simply, it’s not helpful to write an entire vocational report about how bad off the person is, especially without mentioning plans to help make a positive impact on the individual’s life.

I love to comb through reports and make all attempts to uncover what the contents say to the reader.  Just because it’s a report doesn’t mean it doesn’t have to make sense! A report still needs to flow, tell a story, describe details and make valid and reasonable conclusions.

Here’s a sentence commonly found in reports from the same vocational person that I’ve been asked to rebut. [Keep in mind this long line comes after results of testing are provided within the report, but they are not explained at all!]

It is important to note that the purpose of all vocational testing done and reported here is to compare an individual’s current performance with their past performance as documented by their education, training, experience, and the standard worker trait factors associated with that history.

Say what? What does this run-on sentence mean?  The writer is using testing to compare performance? Did the evaluee’s past performance have anything to do with the testing administered? Did this person take the same tests throughout their work history? And then the paragraph continues…

 It is NOT correct to confuse an individual’s current test performance with performance in work prior to injury, as current performance is likely affected by the sequelae of disability.

Okay, now who is confused? The test taker? The person administering the test? I’ll tell you who….the reader!Related image The reader is easily confused by a poorly prepared report! Don’t be a confused reader! It’ll get you nowhere!

My initial question regarding this vocational report scenario, maybe helping to avoid confusion from the get go, is WHY were EACH of the specific testing instruments administered at all to this specific person? What is the rationalization for administration? The vocational person who wrote the report does not come close to answering these questions. To be ethically sound, administer testing only with a direct and relative reason to do so. 

I’ve written a professional report about my opinion on ethics and use of testing in vocational evaluations. Please contact me for a copy of the report. If you are my contact on LinkedIn, you’ll find it there readily available for now.

The underlying use of testing results to try to prove a person is permanently and totally disabled raises many ethical questions. Would you want that for yourself?

A test, really, a series of tests that I was forced to take, I didn’t understand, and simply put I didn’t want to take…those results determine my fate? Absolutely ridiculous! Results of testing are meant to assist a person for true and valid reasons…..not to paint a picture of “post injury residual vocational potential”

Image result for testing cartoon

Would you like to take ~ 10 tests in a single sitting? No!

Without testing, evaluation is merely speculative

Really now? I’ve helped to place literally hundreds of people without administering testing! And many other placement people do too! If you understand the persons skills and match them with jobs in the local labor market, there’s a match!

Yes, of course I use certain standardized tests and self-assessments to help people when it is appropriate for reasons directly related to their placement goals, but that isn’t all I use during a vocational evaluation! I gather knowledge and assess many other areas involving work, interests, skills, aptitudes and lifestyle to help. I do not rely on only the use of test results!

Back to report writing, which is a very specialized skill; and I continuously study, practice and improve upon my own writing skills. As a professional writer, I never stop training! I think I gained natural talent from my Grandpa Jack, a journalist!

Image result for writing

When I’m writing, I get very absorbed! My office cat will testify to that!

Again, do you need a critique or a rebuttal? I’m Your Person to Help!

If your opinion on a case doesn’t mesh at all with the report on your desk, please contact me to help sort out the discrepancies. Keep in mind, I know opinions are just that, opinions.  And reports are meant to answer questions, not raise more!

I also want you to keep in mind that if you believe in the truth, there’s a way to show it. Contact me for expert testimony and witness services, too! Oh, and I definitely can rebut a life care plan as well! Thank you for reading this post!

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Samantha Josephine, Soo Soft and She Smelled Sooo Good!

Reading Time: 3 minutes

Oh SamiJo, how I miss you.   I’ve cried a lot and believe writing this blog and posting pictures of you are healthy for me to grieve, even one year later.  Samantha Josephine Botkin ~ January 10, 2002 to January 10, 2018.

I have many memories of Sam. She’s the only store bought cat I’ve ever owned! We definitely got our money out of that Aqualand purchase, back when the kittens were for sale in the window.

 

16 years is a long time to spend with me, and we both sure went through a lot! Sam’s fur was soo soft and she smelled sooo good!  I loved pushing my face in her coat and taking big sniffs!

I was so proud of my goal: for Sam to be a “lap” cat. It took five years, but here’s my proof. I was such a proud cat owner this day,  December 20, 2007!  I was so proud of both of us! Sure wish I knew where that pink ISU hoodie went.

Here’s My Proof!

After that, she pretty much was always near me! Although she loved cuddling up with ArinJune too!

Here’s just a few more of the many pictures of Sam I’ve taken over the years. 

Yoga Love, this was a selfie! 

Isn’t she special! As I believe all cats (and cat owners) are! 

I love this shot with Sam lounging on the blue pillow (which I salvaged out of my mom’s dumpster when she cleaned her house out before moving to Florida after dad died in 2016), the colors being a perfect background!

Below is the last photo I took of her, the day I called  my vet and was referred to the Iowa Vet Referral Service on Merle Hay Road (highly recommended by me).

When I look closely into her eyes, I can see me. A week after she was euthanized, I picked up her ashes and on the trip home, I saw a rainbow in the sky!!! It was the Rainbow Bridge without a shadow of a doubt. If you’ve experienced this before, you know what I mean. Believe me, it’s breathtakingly true.

The box for her ashes is beautiful, its’ home in my bedroom is near where she slept.  Her clay paw prints have a special place as well, which I fill with essential oil, vanilla recently, for a nice aromatic reminder of the love of my life Samantha Josephine Botkin. Prrrrrrr.  I’ll never ever forget our time together on this earth! Till we meet again girlfriend. 

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

 

 

 

 

 

Working on a Litigated Case Involving Work & Disability? A Job Analysis Can Help!

Reading Time: 3 minutes

Are you working on a litigated case involving work and disability? If so, I believe a job analysis can help you and your client, and in many ways!  A job analysis involves the process of gathering and recording objective data about a specific job.  

Image result for data

Capturing what the job is all about helps to evaluate what an employee does, why the work is done, how the work is done, results of the work, the skills, knowledge, and abilities required to perform the work, and the context in which the work fits into the organizational structure.

And, as an analyzing kinda person, I’ll find direct connections to ways of the trade, and possibly record direct comments from incumbents or a worker who knows what’s going on!

JA

A Job Analysis is helpful in many ways. Plus they’re fun to perform!

A complete analysis involves visiting the job site to witness the job being performed and interviewing supervisors and employees  about the accuracy of existing job descriptions. (And that’s a story in itself!) It sure can be an interesting tour and communication experience! 

For me to find out what actually takes place on a pertinent day to day basis (without being there obviously because I have my own job to do), consulting with management and incumbents of the job along with digital video recording (right!), if helpful, allows for a critical analysis of the parameters of performance at a work place, including common physical demands of duties of a job. And trust me, a video can produce some humor too when’s it’s needed  at work! 

Image result for humor job

Once the job analysis describing the critical duties of the job, an evaluation of the work environment is completed, and a report written is prepared and presented, there, hopefully will be a greater understanding of the essential functions of the job. And to each person the job can be functionally different. Right yes, so it just depends on how one goes about doing it!

JA Matrix

This understanding allows me as a vocational expert to make recommendations for reasonable accommodations and to testify to the efforts of the employer to provide reasonable accommodations.

Need help with a litigated case involving disability and work?

I help with plaintiff/claimant and defense cases! I’m not one sided!  Call me, Amy E. Botkin, to discuss your client’s claim.

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-282-7753  * VocResources@msn.com

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Chose Your Own Path Through Emotional Intelligence! Need an Expert?

Reading Time: 4 minutes

Happy Turkey-less Day to those who won’t be gobbling a gobbler!  I continue as a pescatarian! My two younger adult children Jacob and ArinJune continue their vegetarian lifestyle. Not my oldest son Nick, for he’s an incredible meat eater! Although the no meat eating rubbed off on me many moons ago, I still enjoy eating fish (tuna mostly).

Thank you Jake and AJ for showing me a lifestyle I probably wouldn’t have gone for had it not been for you two. But then again, I may have become really fantastic at grilling and devouring steaks (no, that’s Randy’s area.) 

Image result for turkey cartoon

I love the taste of turkey and found a delicious vegetarian roast that to me tastes just the same! My opinion counts!

For this post, I want to write about a way to chose your own path. I’ll start with a link to a post when my daughter Arin started a new job at Walgreen’s.

Over the two years she worked at Walgreen’s (she resigned earlier in 2014 to move on in different ways with her lifestyle), Arin had many customer experiences (including her days working as a host at Okoboji Grill as her first job, she knows a thing or two about customers) and I value her opinion!  She’s shared many interesting retail shopper stories from her Walgreen’s days.  The worst was one day, she turned around while at the cash register to get perfume out of the locked glass cabinets for a customer, when she turned back, “the customer” was racing out the store with Chanel No 5 or whatever it was, an expensive perfume in her hands, along with many other items, and right out the front door.

Some shoppers are kind with good intentions…get in the store, find what you need, pay and get out of the store…all while being grateful and appreciative you found what you were looking for!  Then there are other shoppers who seem to float around in a bubble without realizing their bubble is more of a brick! Some shoppers are demanding, have no regard for other shoppers or the retail clerk, and are even down right rude. Yuk!

We all are continuously affected by the energy of other people in both positive and negative ways. My daughter learned quickly that the less you respond to rude, critical, argumentative people, the more peaceful your life will become and the more productive you’ll be on the job!

AJ’s goal at work: Help customers find, buy, and get out of the store with minimal distraction…along with an idea or two of how to get the customer to spend more money (especially products with incentives found within her own department, which gave Arin more in her paycheck!) This knowledge, my dear daughter, takes a certain level of emotional intelligence. Good for you!

Emotional intelligence is a huge factor in my work as an expert witness.

A very helpful and proactive way to limit how much we are affected in many settings and situations by where others are is a simple technique called being in your bubble. My sister Janice told me (and others) to get out of her bubble more than once!

Using your bubble when you need to, or realizing others are using their own bubble, takes a level of emotional intelligence, kindness and grace.

Bubble Me Up    Bubble

I can’t find the source for what follows, but I’m sure whoever it is would be happy to share! Being in your bubble goes as follows:

1.) Spend a few moments with your eyes closed, quieting your thoughts.

2.)  In your imagination create a big clear soap bubble all around you that is about a foot out from your body.

3.)  Notice yourself within this bubble, and acknowledge that any type of energy you don’t want to experience in your own body will be unable to get through the bubble, and will just bounce off.

4.)  Walk through your day within your bubble. Take a look at the bubble periodically just to affirm that it is there, and recreate it whenever you want to.

             Bubble Me Down Bubble

There’s great reasons to use this tool to manage the energy that bounces around us all of the time. It frees you up to create the experience(s) the way you choose, while leaving others free to their own expression. You won’t need to get into the struggle and discomfort of resisting what others are doing or thinking, because it happens outside of your bubble and doesn’t need to affect you.

I hope your work week is productive, and you enjoy experiencing the energy that surrounds your work and home environments. If I can help you with expert testimony, please don’t hesitate to call me. I’ll value the opportunity to help.

Helping Attorneys Help Their Clients

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-282-7753  * VocResources@msn.com

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Want to Buy Some TIME From Me…a Consultant and an Educator?

Reading Time: 3 minutes

You’re a good attorney, and you care about the people you represent. You’re busy working on cases and spend a lot of time on time. In fact, you even buy TIME! And, I’m writing to help you make a more comfortable TIME purchase from me, a consultant who is also an educator!

MoneyTime

I fully realize attorneys buy TIME

Time – Because you bill by the hour (and so do I), I promise to help you be more productive and, thus, more successful by providing value laden services.

Pinky SwearI promise to always respect your time.

 

Information – Because I totally understand why you HATE looking stupid (and so do I), I will provide accurate information that you want or need.

Pinky SwearI promise to always ensure you have a good reason for working with me.

 

Money – Because saving money and making money are the goals for almost every law firm (and for every consulting firm too), I will effectively use all the resources available to help with your case.

Pinky SwearI promise to be accurate and fair with my billing.

 

Education – Because lawyers always need continuing education (and so do I) to maintain your license, I am available to present to any group that would benefit from learning about my work and rehabilitation consulting. In addition, as I’m a well-trained educator and counselor, I can help you and your client in many ways throughout the case and onto trial, where my educational background is useful in front of a jury.

Pinky SwearI promise to bring new light to your litigation strategies.

 

Time on HandsHow much TIME would you like to have on your hands, especially when working on a complex case that has to do with work and disability? So there it is!  But wait, there’s more:

I, Amy, promise to Always Be True at My Core, Apple Butterflybecause that’s all I have ever had and have ever needed and I’m willing to share what I know is true.

Enjoy a piece of quality fruit (I love organic apples) and then give me, Amy E. Botkin, a call to discuss your case. I’m here to help you help your client! 515-282-7753

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.