Selecting the right vocational expert can significantly influence the strength, credibility, and ultimate outcome of a legal case. Whether you are handling personal injury, workers’ compensation, employment litigation, family law, ERISA disability, or a complex long-term care matter, the expert you choose must do far more than simply evaluate employability. They must provide defensible, data-driven analysis that holds up under scrutiny and advances your legal strategy.
The difference between a strong vocational expert and an inadequate one is often the difference between a case that settles with confidence and a case that is delayed, disputed, or discredited.
This article outlines the key qualities attorneys and claims professionals should look for when selecting a vocational expert.
1. Proven Forensic Credibility, Not Just Clinical or Academic Background
Not every professional with clinical or rehabilitation experience is qualified to provide a legally defensible vocational opinion. A true vocational expert must have direct forensic experience and a clear understanding of how employability, earning capacity, work restrictions, and labor market access must be evaluated within a legal context rather than a therapeutic one.
Attorneys should look for credentials that demonstrate formal training in forensic vocational evaluation, such as:
- CRC (Certified Rehabilitation Counselor)
- CVE (Certified Vocational Evaluator)
- ABVE/D (Diplomate of the American Board of Vocational Experts)
These credentials indicate that the expert is qualified to provide evaluation and testimony that can withstand cross-examination, peer review, and judicial scrutiny. They show that the expert understands evidence standards, the burden of proof, and how to apply objective methodology rather than opinion-driven assumptions.
A reliable vocational expert is not only experienced in working with injured individuals. They are also trained to convert that experience into clear, measurable, and admissible findings that directly support case strategy.
2. Alignment With Medical Evidence and Functional Reality
A strong vocational expert does not guess, generalize, or rely on theoretical job possibilities. Instead, they anchor every conclusion to verified medical and functional evidence, ensuring that vocational opinions cannot be challenged for being speculative or disconnected from actual limitations.
A trustworthy expert will:
- Review physician-confirmed functional restrictions, not just diagnoses
- Integrate functional capacity testing and objective measurements
- Avoid making claims that exceed or contradict medical authority
This alignment prevents the report from being immediately weakened during deposition or cross-examination.
3. Methodology That Can Withstand Cross-Examination
A defensible vocational expert must rely on accepted, transparent methodology that can be clearly explained to the court. Their conclusions should be replicable, measurable, and supported by occupational and economic evidence — not subjective interpretation.
Look for use of:
- The Dictionary of Occupational Titles (DOT) and O*NET
- Validated vocational testing and transferable skills analysis
- Current, region-specific labor market and wage data
- Clear rationale for job matching, retraining feasibility, or total disability opinions
If the expert cannot clearly articulate how they arrived at their conclusion, the opinion is at risk the moment it is challenged.
4. Experience With Both Plaintiff and Defense Perspectives
The strongest vocational experts understand how claims are built and challenged from both the plaintiff and defense perspectives. Experts who only work on one side of litigation often lack the ability to anticipate how their opinions will be attacked or challenged during deposition or trial.
A highly competent vocational expert should be able to:
- Identify both vocational potential and vocational barriers, rather than presenting a one-sided narrative
- Support or challenge earning capacity claims using objective, labor market and function-based data
- Clarify whether mitigation efforts are reasonable, based on the individual’s age, skills, limitations, and access to the labor market
- Provide objective and data-driven analysis, not advocacy disguised as expertise
This level of objectivity strengthens the expert’s credibility in the eyes of judges, mediators, and opposing counsel. When the expert demonstrates balance and professional neutrality, their testimony carries more weight and is far more likely to be accepted as reliable and persuasive.
5. Region-Specific Knowledge With National Capability
Vocational outcomes are heavily influenced by geography, regional wage structures, employer demand, licensing requirements, and workforce trends. A credible vocational expert must understand the specific labor market in which employability is being evaluated. This is especially important in states such as Connecticut and Massachusetts, where wage expectations, regulatory considerations, and return-to-work feasibility can differ significantly from surrounding regions.
A strong vocational expert will use current and locally relevant labor market intelligence, not national averages or generalized statistics that fail to reflect real job availability.
At the same time, the expert must have the capability to support cases beyond state borders.
This includes understanding:
- National labor market dynamics
- ADA requirements for work accommodatio
- ERISA and long-term disability implications
- Regional variation in job classifications and earning potential
The combination of local precision and national adaptability ensures that the expert can provide legally relevant and geographically accurate opinions, regardless of where the case is being litigated.
Why MLCC and Kerry A. Skillin Meet This Standard
At Medical & Life Care Consulting (MLCC), Kerry A. Skillin, CRC, CVE, ABVE/D delivers vocational evaluations that meet the highest standards of forensic reliability. Kerry is a nationally credentialed vocational expert with extensive experience in complex litigation involving employability, earning capacity, mitigation, and long-term vocational feasibility.
Her work is trusted by both plaintiff and defense attorneys throughout Connecticut and Massachusetts, and she supports cases nationwide when objective vocational clarity is required.
Kerry’s evaluations consistently stand out because they are:
- Fully defensible under deposition and cross-examination, with every conclusion supported by evidence
- Grounded in verified medical and functional findings, not assumption or untested opinion
- Supported by current, region-specific labor market and wage data, validated through real employment feasibility
- Organized for legal clarity, with structured findings that directly inform negotiation strategy, expert testimony, and courtroom presentation
Kerry is recognized not only for the accuracy of her conclusions but also for her ability to communicate findings in a way that is clear, neutral, and immediately usable within a litigation strategy.
