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New Worklife Expectancy Tables Are Here

By ALM Staff | Law Journal Newsletters |
August 01, 2006

Anthony M. Gamboa, Jr. of Vocational Econometrics Inc. (VEI) has produced a new edition of the New Worklife Expectancy Tables (the Tables), which purport to show, using statistical averages, how much work loss an injury will cause over the injured person's lifetime. The Tables are used almost exclusively by plaintiffs to establish damages, especially plaintiffs who have been injured and expect to return to work, or who have missed no work at all at the time of trial.

The previous Tables have been vehemently criticized as unreliable. Several critics have published exhaustive analyses concluding, convincingly, that previous Tables fail numerous tests of reliability (see, eg, Skoog, GR, Toppino, D: Disability and the New Worklife Expectancy Tables From Vocational Econometrics, 1998: A Critical Analysis. J Forensic Economics, 1999 12 (3), 239-254).

Perhaps the most compelling criticism of the Tables centers on the fact that the data on which the tables are based are not appropriate for measurement of disabled work life. Those data are derived from the Current Population Survey (CPS). The CPS, produced by the Bureau of Labor Statistics and the Bureau of the Census, is a monthly survey of U.S. households. It measures various labor-force characteristics such as employment, earnings and work hours, but its primary purpose is to help legislatures and government agencies formulate and evaluate policies and programs.

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