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Scott Simon Vocational Expert 

M.S. Rehabilitation Counseling

Background & Qualifications

SCOTT SIMON has a Master’s Degree in Vocational Rehabilitation. This was followed by one year of post-graduate work at San Francisco State University, in the area of Counseling Psychology.

Mr. Simon was certified as a Certified Rehabilitation Counselor by the Commission on Rehabilitation Counseling for over 40 years.  He is certified as a Senior Disability Analyst and Diplomate with the American Board of Disability Analysts, a Member of American Board of Vocational Experts, as well as a Licensed Marriage and Family Therapist by the State of California.

He began his professional career in the mental health field, as a Therapist and Program Manager for individuals with disabilities.

Mr. Simon was a principal in the vocational consulting firm of Whelan, Morrell, French and Simon, from 1981 through 1993. At that time, he founded The Simon Group.

In addition to providing a full range of vocational rehabilitation counseling and job placement services, Mr. Simon has worked as a Vocational Expert in the following arenas: Workers’ Compensation, Subsequent Injury Fund, Long Term Disability, Social Security, Personal Injury, Employment Discrimination and Marital Dissolutions.

In this regard, he has participated in thousands of vocational assessments within the Workers’ Compensation system, where the LeBoeuf case and/or a rebuttal to the formal rating have been postulated. Between his Social Security cases, Personal Injury and Workers Compensation cases, he has been deemed qualified as a Vocational/DFEC Expert on thousands of occasions.

Mr. Simon has also taught vocational rehabilitation counseling on a graduate level at a San Jose State University. He has also lectured to legal, vocational, insurance and medical peer groups and industry forums.

He has been a member and an active participant in a variety of professional organizations, such as the International Association of Rehabilitation Professionals and the American Board of Vocational Experts. During the latter part of 2011 he chaired a professional committee that authored a paper that discussed methodologies relative to the District Court of Appeal Ogilvie case.

Subsequently, he was a co-author of two peer reviewed articles* that evaluated methodologies utilized by Vocational Experts in order to determine the diminished future earnings capacity of industrially injured workers. Additionally, Mr. Simon has presented to and consulted with insurance companies, employers and attorney groups on numerous occasions.

Experience Summary

Since 1981, I have served as Vocational Rehabilitation Counselor and Vocational Expert Witness. As a respected provider of vocational evaluations and testimony, I am frequently called upon by attorneys and insurance companies to assist with Workers’ Compensation, Personal Injury, Family Law, Social Security, and related matters. I have extensive experience serving as a court-appointed vocational expert and as an agreed vocational expert in Workers’ Compensation and Family Law cases. In addition to providing expert evaluations, I also offer vocational counseling to chronic pain patients participating in functional restoration programs, and career counseling to self-referred individuals. I am dedicated to helping clients navigate complex legal and vocational issues with professionalism and expertise.

As a seasoned expert witness, I have extensive experience providing testimony in Workers’ Compensation Le Boeuf (LC4662) and Diminished Future Earning Capacity cases, as well as personal injury and marital dissolution cases. My knowledge and expertise in these areas allows me to effectively assist attorneys and insurance companies in navigating complex legal issues.

As a qualified expert witness, I have testified in numerous Superior Courts and Workers’ Compensation Appeals Boards (WCABs) throughout California on hundreds of cases. Additionally, I have been qualified as a Vocational Expert in thousands of Social Security Disability hearings. My extensive experience in these settings allows me to provide valuable testimony and assistance to attorneys and insurance companies as they navigate complex legal issues.

I have a wealth of experience in vocational assessments and case management. I have conducted comprehensive vocational interviews, administered and interpreted psychometric and vocational tests, and provided psychological counseling. I have also handled case management, developed return-to-work plans, performed worker evaluations, and implemented placement services, job seeking skills training, and job analyses. I have even performed out of state case management. In addition to my own expertise, I have also supervised and trained numerous counselors, job placement specialists, vocational evaluators, and employment research specialists.

 

Experience Details

Employment History

1994 to Present: VOCATIONAL EXPERT, CONSULTANT & REHABILITATION COUNSELOR, Simon Group Consulting, Los Gatos/San Jose, CA.

1981-1994: VOCATIONAL EXPERT & REHABILITATION COUNSELOR, Whelan, Morrell, French and Simon, San Jose, CA.

1981 to 1986: REHABILITATION COUNSELOR & SUPERVISOR, Santa Clara County, Department of Mental Health, San Jose, CA.

Education

M.S., Rehabilitation Counseling, San Francisco State University, 1982.

Plus 1 year of post-graduate education in Counseling Psychology, 1982-1983.

B.A., Speech Communication, University of New York, Buffalo, 1975.

Specialties

  • Diminished Earning Capacity;
  • Employability;
  • Labor Market Access and Analysis;
  • Transferable Skills Assessments;
  • Earnings Loss Evaluations: Workers’ Compensation, Family Law, Social Security, Personal Injury and Long-Term Disability venues.

Memberships

  • International Association of Rehabilitation Professionals (IARP)*
    *Member of the International Association of Rehabilitation Professionals California Legislative Committee, 2010 to present. Testified on behalf of the organization before the California Labor and Industrial Relations Committee of the State Senate in 2011. Also, chaired a committee in 2011 that authored a comprehensive Diminished Future Earning Capacity paper that focused upon earning capacity methodologies.
  •  American Board of Vocational Experts
  • California Association of Marriage and Family Therapists

Lectures &
Presentations

Mr. Simon has presented to numerous insurance companies and attorneys regarding earning capacity and employability assessments since 1993. Presentations have included the following organizations:

  • Employers Insurance, San Francisco, California
  • State Compensation Insurance Fund, San Jose, California,
  • Keenan and Associates, San Jose, California,
  • Bradford and Barthel Law Offices; San Jose and San Francisco Bay Area,
  • Dietz, Gilmore and Associates, San Francisco, California,
  • Finnegan, Marks, Theofel & Desmond, San Francisco, California,
  • Laughlin, Falbo, Levy and Moresi, San Jose, California,
  • Adelson, Testan, Brundo & Jimenez, San Francisco, California,
  • Stockwell, Harris, Woolverton & Muehl, San Francisco, California,
  • Law Office of Marshall Candee, San Jose, California,
  • Haworth, Bradshaw, Stallknecht & Barber, San Jose, California,
  • Grancell, Lebovitz, Stander, Reubens and Thomas- December, 2010, presentation on earning capacity to statewide yearly attorney meeting,
  • Armstrong, Callan, and Shiu, client seminar, 2010,
  • Equal Employment Opportunity Commission, (EEOC) 1998, seminar for employers to ensure compliance with provisions of the Americans with Disabilities Act, Marina/Seaside, California.
  • Santa Clara County Bar Association, Workers’ Compensation section
  • Santa Clara County Bar Association, Social Security Division,
  • 12/11/02 “Utilization of Vocational Experts in Social Security Hearings” California Applicant Attorneys Association. I have been a presenter at the yearly conventions on four occasions since 2006. Presentations related to the utilization of vocational experts in earning capacity assessments, subsequent injury fund claims, and on claims of permanent and total disability.
  • Division of Workers’ Compensation, (DWC) 19th Annual Educational Conference, Oakland, CA. March 5, and March 6, 2012. Selected by the DWC as a featured presenter in order to discuss loss of future earning capacity methodologies. Presented to an audience of claims examiners, Defense Attorneys, Applicant Attorneys and professional peers
  • California Applicant Attorneys Association Rating Seminar, 12/6/2015; 12/08/2018 Monterey, CA., Presented regarding methods utilized to rebut the age, and occupational modifiers as well as approaches used in rebutting the combined values chart. Also, discussed Vocational Expert Evaluation methodologies and claims of total disability.
  • California Applicant Attorneys Association, Maui, HI., 4/16-18/2018Participated in a three-day comprehensive panel presentation regarding Vocational Expert evaluations of permanent and total disability.
  • California Applicant Attorneys Association, Berkeley, California., 9/14/2019. Participated in a Panel Presentation regarding Psychological Aspects of Disability
  • Laughlin, Falbo, Levy & Moresi, San Jose/Oakland, California, 2/05/2020; 11/10/2020. Presented regarding current trends in Vocational Expert assessments.

Publications

“Comparison of a Consensus Methodology for Evaluating Employability and Earning Capacity,”
International Association of Rehabilitation Professionals White Paper; contributor to a statewide consortium of vocational experts recommending standards for evaluating earning capacity in California Workers Compensation cases, The Rehabilitation Professional, 17(3), pages 147-156, 2009.

“The Use of Vocational Rehabilitation Experts in the Disability Evaluation Process,” SpineOne Rehabilitation Program newsletter, September 2009

“Post-Ogilvie III Vocational Expert Methodology Recommendations,” International Association of Rehabilitation Professionals White Paper, September 16, 2011.

“Evaluating Employability and Earning Capacity to Obtain the Most Accurate Permanent Disability Rating in California Workers’ Compensation Cases After Ogilvie III”, The Rehabilitation Professional 20(2), pp. 89-112.

“Comparison of a Consensus Methodology for Evaluating Employability and Earning Capacity by the CA-IARP DFEC Work Group with Published, Peer-Reviewed Methodologies”, The Rehabilitation Professional 20(2), pp. 75-86. 

Affiliations