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.  

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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!

Think Before You Ink - | Keercutter and Associates

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, 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! 

Video Clip Laughter Practical Joke Funny Animal, PNG, 1024x1024px, Watercolor, Cartoon, Flower, Frame, Heart Download FreeOnce 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. It 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 am not one sided

Contact me, Amy E. Botkin, to discuss your client’s claim. I’m here to help you help your client!

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-778-0634  * amyebotkin@lcpresourcesplus.com

___________________

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

Randy and His Perpetual Flip Off! Need an Expert on Your Case Involving Work & Disability?

Reading Time: 4 minutes

This is edited a bit from original post! The evening before my dad’s funeral in May 2016, my husband Randy walked our dog Bella (who gracefully crossed her rainbow bridge 9/1/21) while holding his cell phone in one hand to talk to my mother about his part in the service, the other hand held the leash. Bella’s a big Aussie girl, weighing in around 60.5 pounds;

and from what I hear, a huge raccoon made an appearance near a sewer opening down the street just as they were walking by. This appearance led Bella to lurch towards the coon…pulling hard on the fingers grasped around the leash, and breaking husband’s finger in the process. Ouch.

Early the next morning, we had to hit the road to make the trip to Iowa Falls and, well, experience what would transpire during my father’s service…and beyond in this world for those of us who loved him and enjoyed his company.  

Here’s a favorite photo of my dad!

Randy never saw a doctor for his finger injury. I wish he would’ve though. I performed my version of physical therapy and Healing Touch on him, but to this day…well, Randy has a broken middle finger that sticks up in such a way it resembles the image below!

Get my drift?

The funeral service was nice, and my mom did a great job choosing the readings and what to sing! Randy read the first reading, my sister Julie the second and Father Tony the Gospel, of course. I was a communion minister for dad’s friends which was very meaningful to me!

Many of dad’s church friends were involved in the Mass and he would’ve loved that! In fact, one of his buddies told me my dad was like a brother to him. At that moment, my heart grew stronger knowing my dad was very special to another person because clearly there’s not much better in life than having a good bro. This was another Godly presence for me; one of many experiences I feel during life!

Good thing my dad was cremated, so no handling of a heavy casket with a broken finger!  Afterwards, we had a nice lunch that my dad would’ve enjoyed thoroughly. He would’ve made and then ate many sandwiches pre and post funerals as he volunteered much time to his Church.  I Love You Dad. You helped a lot of people with their funerals!

To this day, Randy’s finger exhibits a perpetual flip off!  Pretty cool huh?  When certain people, like a friend he hasn’t seen in a while questions why he’s flipping them off, instead of going into detail, he just says “I dunno”.  Recently, he came home from his job and remarked one of his fellow teachers wanted to know why he flipped her off.  He smiled and replied ~

 dunno!

A great memory from a Sunday noon game in October of 2016 and most recently another one in September 2021 is of Randy driving into and out of the parking area of the Kansas City Chief’s Arrowhead stadium gripping the wheel. We knew his flip off in front of many people, staffers, and cops went unnoticed! 

It’s a “I do know” factual concept for me to tap into emotional intelligence when I’m being deposed or testifying. btw I believe it’s okay to flip someone off under a table or in your mind as a form of mental exercise!!

Go ahead and contact me, my Attorney Reader, for my help as an expert, and I’ll offer my complete time and attention  as a consultant and an educator too for your case.

Keep me in mind as I also offer consulting services to help attorneys come up with good questions to help you prepare for a deposition and / or cross examination in a courtroom on cases involving work and disability.

I’m Here to Help You Help Your Client!

The best way to contact me is by email at  amyebotkin@lcpresourcesplus.com. Send a message and I’ll get back to you!

___________________

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

 

Happy 22nd Anniversary Vocational Resources Plus! Time to Stop and Smell The Roses!

Reading Time: 4 minutes

Over the years, I’ve received many a rose and enjoy taking pictures of my favorites.  My original idea was to find exactly 22 single rose pictures to celebrate the beginning of 22 years in business, which officially is September 15 of each year. It became quite a project to go through so many photos I’ve taken and make decisions about my selection to post!

Instead, I changed my mind and decided to come close with my count and not worry about the math, especially when at this time it’s time to

Stop and Smell the Roses!

And be satisfied with my efforts because I gave it my all at this time, as I always do for my work! You too? I’ll bet you do (even though I’m not into betting)! Enjoy the photos that follow and read on!

Tiny Orange Rose
Orange Rose
Beautiful Rose yes

All beautiful, yes, I hope you agree! Go ahead and vote on your favorite. I wish you could scratch and sniff each to also let know your thoughts on which you believe smells the best! 

And to be totally honest, the next rose picture was not taken by me!  Incredible, isn’t it? Would’ve you guessed correctly that this was a find on an internet search or actually taken by me? I’ve received blue roses in the past, and my pictures are just too blurry…even when editing. My disclaimer explains

I’ve named this beauty Ghost Rose!

Just to summarize this “author special” post, what’s important to point out is my business has developed for over 22 years. Because my work is important it needs to be clear, simple and pass the “smell test”. 

At times, if an answer to a question or a report on a particular individual or issue is not “perfect”, a decision of what to do next can be unnecessarily stressful. My “best bet” is giving my cases my full attention, and be satisfied with the fact that I put forth my best effort. I’m okay with that with other professionals.

That’s worth, in my opinion, every dollar paid for all the roses Randy’s hand  delivered to me over the years! Hey you my attorney reader, wouldn’t it be nice to have some rose beauties of your own, or to hand deliver to a great friend? That would make a valuable  impression on both hands! Here’s one last link regarding my forensic services fyi and reading pleasure!

Contact me 515-778-0634 or amyebotkin@lcpresourcesplus.com to discuss your case and how I help attorneys help clients. Thank you for reading my blog. I appreciate the time and the attention!

___________________

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

 

 

Here to Help The Passionate Attorney Help Your Client ~ Life Care Planning Services

Reading Time: 4 minutes

Along with vocational consulting services, I offer you life care planning services. Life Care Planning Services are valuable to passionate attorneys such as yourself: One who works to your fullest potential for your clients; One who truly cares about your client; and One who strives to maximize the best outcome for your client.

A Life Care Plan will help you help you help your client.

cartoon lawyer  Are You a Passionate Attorney?  Image result for woman attorney cartoon

Comprehensive Life Care Planning Services focus on the individual who sustained a personal or catastrophic injury, has a congenital disease or acquired illness, or suffered a traumatic event that altered his or her life leaving them with a disabling condition. The individual and his or her family is in need of planning how to live with these ongoing life changes.

Image result for passionate attorney cartoon   What About You Mr. Big Finger? Image result for group of attorneys cartoon

A Life Care Plan outlines an individualized holistic program that documents your client’s specific healthcare needs and a projection of what it costs for that care over their lifetime. An economist reviews the plan to determine the present value of the costs.

Even more, a Life Care Plan  helps prevent medical complications, enhances community and society participation, considers quality of life issues, and assists in maintaining emotional and psychological health. 

The person’s life now has important healthcare needs and significant costs are associated with those needs. How can you, the person’s caring and passionate attorney prove this, or show this to others, and why would you need to do so?

A Life Care Plan is helpful in many ways, here are three,

  1. to facilitate decision making relating to the individual’s health care, long-term care, and special needs; and perceive the related costs;
  2. to identify and obtain good care in the individual’s community, whether at home, an assisted living facility, or, if necessary, a nursing home; and perceive the related costs;
  3. to help move the litigation process forward, and ultimately to settle or win a case justifiably at the highest level possible using real data!

A Life Care Plan involves a systematic process (I do that part!) of developing a “road map” of the care, goods and services the person will need to ensure optimal health, safety and life satisfaction. A plan also highlights what it is the person will need to restore or improve their life activities to their maximum potential.

Keep in mind that while most Life Care Plans are developed for people who have suffered a traumatic injury, Life Care Plans are increasingly used for older adults with chronic conditions to anticipate their health and financial needs in later years. Do you have a client in this elite category? If so, be prepared for more future that focuses on healthy living! (Hint: Get a Life Care Plan!)

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The standard definition of a Life Care Plan is a “dynamic document based upon published standards of practice, comprehensive assessment, data analysis and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs. (IALCP – International Academy of Life Care Planners, 2003. Definition established during the 2000 Life Care Planning Summit.)

Please visit Dr. Deutsch’s webpage for much more information on Life Care Planning. Dr. Deutsch was on my training team!


Above is my most recent CRC Certificate and below is my CLCP Certificate

I need to take another picture of my newest one which expires February 28, 2026!

I am a Certified Rehabilitation Counselor (CRC) and a Certified Life Care Planner (CLCP).  As a professional in rehabilitation, I am able to develop a plan using  advanced knowledge of specific disabilities, established treatment care resources, and a consistent objective approach toward the practical and functional elements involved in providing the treatment of catastrophic injuries and diseases. 

Communication and negotiation skills are essential (so true) while working with patients, families, caregivers and treatment teams. Keep on perusing my website, which is mainly a relationship building blog, and read my writings. I’d be happy if you would truly consider how Life Care Planning Services will help you help your clients.

Contact me ~ Amy Botkin, MS, CRC, CLCP ~ at 515-778-0634 or by email at amyebotkin@lcpresourcesplus.com  so we can start discussing your case.

I’m here to help you help your client!

___________________

 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 consulting.

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

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

I am glad my career continually evolves! I accept responsibility when providing forensic 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!

 Truly, it’s all good work!

Please contact me Amy Botkin for more information ~ 515-778-0634 or amyebotkin@lcpresourcesplus.com

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

___________________

 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.Ms Pac-Man

I’m  pretty good at Ms. Pac-Man! Wanna play?

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, Amy E. Botkin at 515-778-0634 or      amyebotkin@lcpresourcesplus.com

Thank you for reading!

___________________

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

Like Mother, Like Daughter, One Tough Cookie! Want One in the Courtroom?

Reading Time: 6 minutes

Friday May 28th was my daughter’s 25th birthday. I admire her character and am proud of her roles and goals in every way! She’s into gardening, is a proud pet owner and recently started a second job as a book seller. And quite importantly, she’s engaged to be married!

My daughter is physically and emotionally strong, independent, and One Tough Cookie!  Off the top of my head, here’s a few memories of my daughter and her “toughness” over the years. 

One Tough Cookie!

Before she was born, let alone named, her birth cord was wrapped around her neck while she was being delivered. As I was pushing down as one is to do during natural child birth, the doctor told me to STOP!

What? Stop? So I did and, (not knowing what was going on) he very quickly cut the cord from around her neck, and blood shot above me onto the ceiling. Nice, huh, and yuck! My new baby girl scared her parents alright! She was just fine though and had a good APGAR. Rather quickly, the housekeeper came in the room and cleaned the blood off the ceiling with a mop as I was still lying in the bed. Yuck again! She was doing her job and it was much appreciated!

Pin on blouse mtrl

Arin was a calm baby!

I remember the first day of her life, Arin seemed to care more about how the nurses felt when holding her than actually being the new baby in the room. And her eyes were (and still are) so huge, she kinda looked like an alien with eyes on both sides of her head! 

Later in her babyhood, heck, I cut her toenails too short and they bled. I felt horrible, and this was my 3rd child, but she didn’t cry.

Around age 3,  Arin fell from a chair at the babysitter’s kitchen table while she was eating lunch. Upon facial impact with the floor, her  front tooth was knocked out, and said tooth landed down in the heater vent, where it potentially could have trace elements today.  She was whisked to the ER by her sitter, but there isn’t much one could do for this injury, other than wait! 

Baby With One Tooth ClipartIt took years for her new tooth to come in.

Last year around this time, she had four wisdom teeth removed. She was tough with that surgery and the healing time involved…and her poor face was so swollen. This link takes you to a blog for a bit on costs of the procedure!

When she was a little older, around 8ish, we were working in the basement and somehow the iron got knocked off its board and landed on her foot. Her big toe sure bled a lot and a deep bruise definitely developed and stuck around. Luckily the toe wasn’t broken and the iron wasn’t hot! Yikes!

Here’s another story of my dauther’s toughness: As were in the process of remodeling our house (in 2009), Arin would’ve been age 13, she was cleaning our new windows (with water and an ecloth!) and the larger kitchen window suddenly fell down (the type of windows that fold into your house), whacking her head.  Her head broke the glass, and the glass shattered on to the floor. Arin immediately felt a headache, but there was no blood involved and we didn’t take her to the doctor, but I certainly cared for her closely and watched like a hawk for any concussive symptoms! I informed the salesperson who sold us the windows of this mishap, and he showered her with gifts. He was probably pretty darn grateful that we didn’t, gasp: sue! But no we did not, and her strong head was fine. 

With New Nordic Emojis, Give Your Texts That Finnishing Touch ...

Moving on into her middle school years, from what I was told by said daughter, she went snow shoeing on recess. Somehow her tongue landed on a metal pole, got stuck and she had to pull away from the pole. Yep, her tongue ripped and yep it bled and yep it hurt like he double toothpicks. 

She said this was a dare; the sticking her tongue out purposely onto a cold pole in the middle of winter. But in reality, I believe she fell into the pole because she wasn’t very good at snow shoeing. Again, nothing really you can do for this injury but give the tongue time to heal!Image result for tongue pierced cartoonA while later she got her tongue pierced anyway! She also pierced her septum and eyebrow too. Don’t forget thee belly button piercing! (I actually did that once, but let it grow back because it bothered me when I did a yoga pose or exercised on my stomach).

And speaking of, both her ears have pretty good sized gauge holes! I’m not including the numerous tattoos Arin has received.  To me, getting a tat seems a little too drawn out painful.
Colorful AJ

Colorful AJ

One last story off the top of my head at this time, and I’m not happy at all with how this happened. In early March 2019, Arin was at a birthday party held at a hotel for her friend Taylor. Arin was picked up and thrown (grrrr) into the pool. Kassidy, who she landed on, hurt not only her head, but bit down and injured her tongue; and Arin ended up breaking two ribs.

Image result for xray ribs cartoonHowever, Arin didn’t find out her ribs were broken until almost a week later when she was in much pain and having problems at work. On a Sunday she had to be taken to the ER which included x-rays and a pain prescription.  Again, this involved a long rehabilitation / healing period.

Okay, enough writing for now. Like mother, like daughter!  Yep, considering I was able to live through hitting a train headfirst!  I believe this “toughness” is heredity, and comes from my mom.

In 2019, my mom was experiencing an acute medical condition while visiting us from her home in Florida. As we were waiting at the airport for her and her new husband’s flight home departure, she took a dive (right in front of the drinking fountains by the rest rooms on the main level) on to her face, breaking her glasses. She ended up in the ER for numerous stitches rather than on the flight home. Mom didn’t cry or wince, or even complain a bit.

The bottom line of this post is to let you, my Attorney Reader, know that I am a strong “tough-minded” resilient person who has the capacity to face difficult facts and long odds with resolute optimism.

I define a tough-mind as having the resources, mental skills, and physical capabilities to confront difficulties of all kinds. And then afterwards, the resiliency to slow down and relax.

I know if I succeed, I caused it and if I failed, yep, I caused that too. (Don’t worry, I won’t say yep during testimony.) I will be tough for you and I will be tough for your client.

I won’t be so tough you may choke, but I will be tough enough with your case where it counts: in my reports and in the courtroom and in my resolve to never give up. I got this strong “tough minded” trait from my mom and have passed it on to my daughter and I am proud of it!

Thank you for reading my post. Let me know about a case I can help you with that involves disability and rehabilitation. I believe rehabilitation is the care that can help an individual get back, keep, or improve abilities needed for daily life. I’m a rehabilitation counselor who cares.

Contact me, Amy Botkin at 515-778-0634 or amyebotkin@lcpresourcesplus.com 

___________________

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

Here’s a Dum-Dum Post! Want an Expert too?

Reading Time: 4 minutes

In February 2020, at the beginning of the awareness of Covid-19, I attended a large conference with well over 200 people in attendance. During lunch, I sat at a table next to an intelligent man and we had a conversation about our jobs and serving as an expert “in the field”. His field is neuropsychology and mine is forensic rehabilitation.

Both interesting jobs involving brainwork, don’t you agree?

During our conversation, I explained how I want my courtroom testimony to be communicated to the jury in plain language so it is understand the first time they hear it.

The audience I’m communicating with is in no way, shape or form dum-dum, they simply don’t have “forensic expertise”. They do have good listening skills! I deliver my opinion using a matter of fact strategy that makes sense. This is rather easy for me, because I am a simple, basic person who has studied the case indepth.

I’m no dum-dum either

We continued to discuss how some experts use complicated language in court. It seems that expert wants the jury to believe the expert has incredible intelligence and cryptic knowledge of a complicated subject matter. I see this as a misguided attempt to manipulate the audience about how to view the facts. And I’m pretty sure each juror can see through the muck too! My lunch mate seemed to know the type of expert I was referring to. 

Perry Mason designs, themes, templates and downloadable graphic ...

I love it when Perry Mason eviscerates a pompous, stuffy “expert” on the witness stand!

My belief is that jurors deserve to hear the facts in a truthful, clear and simple manner. Yes, my lunch mate agreed. He summed it up by saying “jurors know the difference between corn and soybeans.” In other words, give us the facts and let us decide which is which because that’s our job in this case.

For fun, I did a little research on Dum Dums

The spherical lollipops originated from Akron Candy Company in Bellevue, Ohio, in 1924. The sales manager of the company, named them, thinking “Dum Dums” was a phrase any child could say.

Initially, there were 7 flavors: lemon, lime, orange, coconut-pineapple, cherry, grape, and butterscotch. Dum Dums are now made in 16 flavors, with new flavors rotating into the mix every so often.

Ewzzy — Once in generation a Mystery Flavor Dum Dum will...The “Mystery Flavor”

The “Mystery Flavor” is the result of the end of one batch mixing with the next batch, rather than stopping production to clean machines in between flavors.  Source:  https://en.wikipedia.org/wiki/Dum_Dums_(lollipop)

You can tell this decision saved time, and allowed the company to be creative with their product which likely increased interest and ultimately sales! Talk about not being a dum-dum!

Also, just FYI; if you have any Dum-Dums wrappers left, send them in ASAP because (after nearly 70 years), Dum Dums lollipops will be ending its program to exchange wrappers for toys and prizes. The company’s mail in program, which began in 1953, will come to an end on May 31, 2020!  (Sorry, that was yesterday, missed the timeline, but you could try!)

No more regulation-size rubber baseball and metal wastebasket that could be acquired for 15 cents and 15 wrappers…the “Dum Dums Wastebasket Deal”. I’m sure you’ve seen, or even had one similar, to play basketball in your office space.

Dum Dums Garden

Any legal decision is all about: what can be done to answer questions, solve problems, use time wisely, and make or save $$$ in a lawsuit. Because I work on the plaintiff or the defense side, my forensic work helps in any court case. Contact me and we can discuss your case. I’m here to help attorneys help their clients.
 
Special Order* Hot Pink/ Watermelon Dum Dums | All Distributed ...
If you want a dum dum, I’ll be happy to provide one to you on a stick. Do you agree watermelon flavor is tasty?! If you want an expert, I’ll be happy to send you information on retaining me as an expert. Either way, let me know about your case and I’ll let you know how I might be able to help you help your client on the case!
 
Thank you for reading my dum dum post!  Here’s another post titled Don’t be a Dumb Bunny! In this post, I write about using your soft skills…another valuable skill to use in a court room!
 
5/25/2021 update. Last Friday I received my 2nd Covid vaccination. I turned down the pharmacist’s post prick offering of a dum dum! Can you believe it?!? It’s true!
 

Vocational Resources Plus, LLC * 515-778-0634  * amyebotkin@lcpresourcesplus.com

___________________

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

 

It Happens, Things Go Wrong. Need Help with a MedMal Case?

Reading Time: 6 minutes

[Original post date: March 29, 2018] Time for a health update blog, a personal one, difficult to write with a mix of questions and a couple stories about medical practice and procedures. The point is My Attorney Reader, I want you to think about Me as a forensic rehabilitation consultant, and how I can help you help your client who is involved in a medical malpractice lawsuit!

My husband’s heart took a detour late last summer, 2017 when the ticker was running really fast.  Randy doesn’t participate in races (I’m the competitive one!), but his heart sure was!

Randy donates blood on a regular basis. He’s donated 14 gallons according to the blood center sticker on our front door! In fact, he was donating early on a Saturday morning when the nurse was prepping him for the draw told him she thought his pulse was “strange”.  However, his precious blood was still drawn (double reds)!  

           Randy is a popular Type A- donor.  

Questioning here ??? Should the nurse have continued with the blood draw knowing the pulse was “strange?” Well, she did! Luckily, no harm done. When Randy got home (rode his bike at what speed I don’t know! to/from his blood donation date which is common cuz he’s an avid biker!), I took his pulse and in fact, it truly was “not right”.

A couple days later, he had a doctor appointment. Yes, I scheduled it out of wifely concern. Sure enough, we got tachycardia his heart was going 144 bpm. This means a cardiologist is needed. I want to thank the nurse at the blood center for catching this heart irregularity (ahem hubby, I told him I thought the same thing in the weeks before).

Following an array of testing, diagnostic procedures and preparations, he received an ablation early November 2017. Thank God it worked! Randy’s back down to a regular beating heart and a normal pulse. His blood pressure was never a concern.

His cardiologist did an excellent job and Randy was back riding his bike in a short period of time. He wasn’t happy to be told not to ride! In fact, I know he disobeyed his doctor’s orders one day or two.

We expect our doctor to always be right. We expect our nurse to always be right. We expect all our health care providers to always be right. We in fact, expect our bodies’ to become “right” whenever we receive treatment in the medical field.

But things can go wrong and a patient can become injured during the course of treatment. That’s why we have attorneys to help, right!?! And yes of course we expect our attorney to always be right, too!

“Dr. NeverWrong”, the cardiologist who performed the ablation on my husband’s heart has this nickname! Charlie the RN, one of Randy’s excellent nurses while hospitalized told me of this nickname and the fact that the cardiologist has a fan base. He is one of only a few docs in town who performs ablations.  Because the doctor was humble, gracious, and ever so respectful, I’m sure he would not want to be called  Dr. NeverWrong! Can you guess who I’m referring to?

What? Attorneys don’t guess! 

Okay, now on to me. Recently, I was involved in a medical situation which could be worthy of a claim. How do you help your clients decide whether to file a claim? If there’s been harm done? Here’s the abbreviated personal story. 

Image result for patient gown cartoonWhen preparing for a mammogram last October 2017 (sitting quietly in a heated gown!) and waiting for the machine set up, I informed the technician of an unusual skin issue I was experiencing thinking it was poison ivy. I’ve had my share of poison ivy issues, even a four day hospitalization for a severe case in the past (contacted through an outdoor camp fire.) Watch out when you burn wood, my reaction was horrible. Anyway, the technician dismissed my concern and we went ahead with the mammogram.

To not go into detail  uggh ; [   I ended up with a severe skin condition I believe was spread by the mammography machine.  Let it be known I truly love big machines, (especially cranes), yet this large machine is not one of my favorites following what I experienced.

I was absolutely miserable and the condition lasted too long. I ended up going to the ER once on a Sunday and urgent care twice during the weeks that followed. I made these visits because I couldn’t stand the physical and emotional toil…and my doctor’s office wasn’t open at the time of my needs!  Not until I went back to my personal MD to finally get the correct diagnosis and a prescription did I begin to feel a little better.  

Image result for skin cartoonBut the prescription did NOT help and in fact the condition worsened. I literally had to just wait this one out and deal over time with the largest organ in my system: the skin. I was so distraught I even sought mental health care. I’m okay now, thank you! Whew!

I didn’t file a claim, should’ve/could’ve I? The time, energy, money and definitely my mental health was compromised and consumed in a fashion that I certainly didn’t choose. The only time I have filed a legal claim was when my parents sued the railroad for their negligence leading to my car/train collision and subsequent injuries, hospitalization and rehabilitation.

Trust me, my Attorney Reader, there’s much to my personal story!

I think the key into what makes or doesn’t make a person seek a lawyer when they think they’ve been wronged has to do with respect or lack of respect shown  by a medical provider. Of course, everyone makes mistakes. But negligence, followed by covering up issues and not telling the truth is where the wrongs and not the rights come in to play.  That’s not where I come in just yet, that’s where you, the attorney is on the field. I enter the game by sorting out what the plaintiff needs and the costs of those needs.

If you need a life care plan for a client who has filed a medical malpractice claim, please contact me.  Following a needs assessment and subsequent life care plan, my recommendations are grounded in rehabilitation. I’m not saying I’m always right myself. 

 But I will tell you My Attorney Reader, I care and I will do what I can do to help you help your client.

Please don’t contact me if you will act more like the red devil lawyer on the left. Sorry, I’m not interested in helping. However, if you are a good attorney like the white angel on the right who truly cares about your clients, contact me! I’m here to help!

Amy E. Botkin, MS, CRC, CLCP

Forensic Rehab Consultant

515-778-0634 

amyebotkin@lcpresourcesplus.com   

Thank you for taking some of your valuable time to read this post! I hope you enjoyed it.

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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.

45 Awesome winnie the pooh bees clipart Winnie The Pooh Pictures, Cute Winnie The Pooh, Winnie The Pooh Birthday, Whinnie The Pooh Drawings, Bee Clipart, Friends Wallpaper, Cute Disney Wallpaper, Cute Animal Drawings, Pooh BearRabbit 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!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! 

Related imageHoney! Yummy! Yummy!

I hope you appreciate this Pooh story.  I do. When called, I too, will use my expertise to help you and your team out in complex cases. I’ll answer just like Gopher but am not an expert in dynamite, I am in forensic rehabilitation consulting

Several years ago, I made an executive decision to study forensic rehabilitation counseling at George Washington University.  I started the post-graduate level educational on-line program on April 15, 2013 and graduated on August 15, 2014.

The coursework taught me more about courtroom testimony and how to function more effectively, efficiently and confidently within the legal system. I gained valuable insight into personal injury, medical malpractice, marital dissolution, product liability, and catastrophic injury cases.

A good expert has more than expertise that you can appreciate! 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! 

I strive to educate others in a clear manner and explain a complex subject to a lay audience in simple terms.

And you know what else, a good expert like me cares.

I love my career, and deeply care for my work. There’s plenty of satisfying work to accomplish and life constantly moves forward at a really swift pace so it’s important for me to now slow down until the time is right. I work hard for my customers, for myself, and for my family!

When labeled “a firecracker” by a classmate during our 15th year high school 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. 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. I’m ready, willing and able to offer my voice to help you help your client.  

Give me, Amy Botkin, a call at 515-778-0634 or email me at amyebotkin@lcpresourcesplus.com to start a discussion about your case. Thank you for reading! And don’t ask me why the font on this blog is different sizes, I’ve tried to fix it but somethings are just meant to stay as they are!

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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.