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Usual Opposition Position
Some VEI analyses include an assessment of labor market access using the Vocational Assessment of Lost Earnings (VALE) software.  Some opposition also infers that the software develops the expert opinions expressed in the analyses.
 
VEI Position
The VALE software does not develop opinions on cases.  It is used merely as a spreadsheet tool for calculating earning capacity, worklife expectancy, and loss of lifetime earnings.  Use of the VALE software is similar to use of a calculator, which is accepted without question.  As with a calculator, the user reviews the output for reasonableness and accuracy.  To assure accuracy, quality control personnel within Vocational Econometrics checked the VALE software calculations thoroughly and repeatedly. 

Use of VALE allows a very complex earning capacity calculation to be conducted accurately and efficiently.  The U.S. Department of Labor, in the Dictionary of Occupational Titles, defines the worker characteristics required in over 12,000 jobs existing in the United States.  In addition, the U.S. Census Bureau and the U.S. Bureau of Labor Statistics provide information on the number of people employed in 500 job categories and the average earnings of people in these categories.  The software combines this government data, producing average earnings for persons with specific characteristics.   This calculation could be conducted manually, but doing it manually would take tremendous time and would increase the likelihood of error.  
 
Related Challenges
Garibaldo v. Bandera Jones v. Randles Mesman v. Crane
Williams et al. v. New York Wright v. Jenkins  
 
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Last modified: Tuesday October 14, 2008 03:33 PM

 


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