This Series consists of three (3) separate articles and is worth tem (10) Credit Hours. Each article has corresponding questions that can be found be clicking on the "Questions" link.
Article 1: Fixing the Broken Paradigm
Article 2: The Function of Testing in the VE Process
Article 3: Disability Management Components
Case Management Professionals Must Tame the Corporate Monster to Create Effective, Proactive Return-to-Work Programs
By Jasen M. Walker, Ed.D., C.R.C., C.C.M.
During introductory remarks to
the 16th Annual National Symposium on Workers’ Compensation, National Council
on Compensation Insurance (NCCI) President William Hager said, “Unless we get
unneeded services and providers out of the workers’ compensation system,
that house will come down.”1
On the same track, Dr. Rochelle Habeck, a rehabilitation counselor,
educator, and disability management consultant, reminds us that “many
providers continue to function from a broken paradigm that can offer limited
solutions to work disability and may actually contribute to escalating costs.”2
And, indeed, the experience of the professional case
managers at CEC Associates, Inc., is that workers’ compensation and other
disability costs escalate as a result of dysfunctional disability management
approaches taken by employers.
There are several critical causes:
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late referrals to case management, |
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adversarial relationships fostered by litigation and other forms of “unfinished business” following accidents, |
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the use of vocational rehabilitation as a last resort to move cases toward settlement, and |
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the almost universal mistake of confusing disability with
impairment. |
These are just some of the
reasons why workplace disability costs increase when case management is
involved. However, the improper use
of case management should not cause anyone to conclude that case management
alone drives costs. On the
contrary, numerous reasons exist for escalating costs in the “broken
paradigm” which Habeck invokes.
But we also know that timely,
high-quality case management yields results.
Recovery from workplace injury or illness costs employers substantial
sums of money. A 1994 survey
released by Northwestern National Life Insurance, Minneapolis, suggested that
employers could save as much as $35 for every $1 spent on rehabilitation services
to get injured workers back to work. Savings
come from reduced reserves which companies and their insurers set aside for
extended disability payments. Employer
savings increase dramatically, to $96 for every $1 spent if workers could be
brought back to their original positions, $46 if brought back to a different
position within the same company, and $38 if a new position can be found with a
different employer.3
As Habeck also predicts, if case managers are to
continue providing the workplace with value-added services rather than
additional costs, we must consider a number of workplace issues and dynamics
that factor into nearly every rehabilitation case. To move from that broken paradigm into a new, more effective
generation of corporate service, case management professionals must reevaluate
some basic industrial rehabilitation concepts.
Proactive Approach
We know that occupational disability is defined as a
limitation resulting from physical or mental impairment that affects the amount
or type of work an individual is capable of performing.
However, few employers realize that workplace disability is so expensive.
Studies have shown that companies spend an average of 8% of their annual
payrolls on all facets of disability. Researchers
have shown that there are direct, indirect, and hidden costs in the equation.
For an organization with a modest $5 million payroll, the average loss
attributable to disability means a cost of $400,000 per year.
Moreover, most employers do not realize workplace
disability can be prevented and managed.
As with any organizational problems resulting in substantial costs,
members of the organization must take responsibility to manage the problem
directly. Few employers approach
disability management proactively.
Disability management is a planned effort by a
well-managed work organization to proactively prevent and manage injuries,
illnesses, and other events in the lives of its employees that cause them to
lose work time or productivity. Disability
management within organizations requires that the management structure deal
with the specific antecedents and consequences of changes in employee health and
well being. Disability management
programs (DMPs) must have strong case management and return-to-work components
if they are to save companies the substantial direct and indirect costs
associated with lost time, injury, and illness.
Analyzing and describing jobs
are useful procedures in the rehabilitation of injured workers, and case
managers must find a way to install these valuable procedures into the
disability management system.
Return to Work versus Light Duty
Of all the important paradigm shifts that have
occurred in the processes of injury management and return to work over the past
few years, the reformulation of what constitutes viable return to work is one of
the most important. In well-managed
companies, when employees are injured or rendered ill, management
representatives accompany the employee to the hospital, make frequent visits to
the employee in recuperation both at the hospital and home, and accompany the
employee to critical-stage physician appointments. This, of course, is effective case management.
Moreover, return-to-work
assimilation is no longer described as “light duty,” but as transitional
duty. Transition is defined as
including phased-in length of workdays, work hardening, job restructuring, and,
if needed, retraining for another important job in the company.
To demonstrate the company’s concern for the welfare of injured
employees and their families, a comprehensive support system is delivered
throughout the case. The case
managers, for example, are engaged in post-injury or illness, coordination of
the health care system, and facilitation of not only maximum medical
improvement but return to gainful activity, which is good for both employee
and employer. Light duty has become
an archaic concept and practice in proactive disability management protocols.
Telephone Case Management
Not unlike the obsolescent
light duty, telephonic case management has inherent limitations.
Penny-wise and pound-foolish, many insurance carriers, third-party administrators,
and self-insured employers have opted for the use of telephonic case management
over dispatching a case manager into the field.
However, nobody but direct supervisors and Human Resources personnel
should be simply telephoning an injured or ill employee.
Case managers are best used in the field because these professionals are
a critically important extension of the employer or organization into the
healthcare system. Case managers
communicate, assess, observe, and facilitate the changing status of the injured
employee’s functionality. None of
these critical processes can be accomplished by telephone.
It has been shown empirically that case management
representatives gathering information over the phone too frequently collect
different data than case managers who assess the same problem by direct personal
contact and observation. The effectiveness
of professional case managers should not be watered down with telephone case
management.
Mediation
As a result of their claims for workers’
compensation benefits, injured employees naturally oppose their employers.
And, too often, the reverse is also true.
Even when a claim is “undisputed,” as they say, legal and insurance
documents still read, “employee X versus employer Y.”
If suspicion does not hover over a workers’ compensation claim
immediately, resistance will exacerbate the torn employer-employee relationship
eventually.
Lost time has a way of accruing rather rapidly,
particularly in the absence of proactive disability management.
Workers’ compensation claims breed conflict that too often spills
over into games of blackmail and extortion.
Financial settlements become the mechanism of getting rid of claimants,
but not without hidden costs. A
layperson can only imagine what some companies pay to replace trained employees,
but the Government Accounting Office reports the average cost as $26,200 per
displaced worker.
DMPs should incorporate conflict resolution
strategies to decrease tension between employee and employer and to resolve
lost-time issues between injured workers and their employers.
Case management professionals can assist their corporate clients by
learning managerial mediation skills and encouraging companies to train managers
in conflict resolution strategies.
Team Approach
Disability management teams
will get the best results by including representatives from various
departments of the organization. Total
quality management and team problem solving are as essential to successful
disability management programming as evolving business practices.
The ideal disability management team may include the case manager, the
employee, the physician, the union steward, the claims representative, the
safety director or designated disability manager, and the legal representative.
All these participants are
potentially in a critical relationship with the injured worker.
Team members share responsibility for problem identification,
brainstorming solutions, and team communication, all geared to preventing
co-malingering and proactively managing disability.
The case manager may serve as the team leader or as a critical team
member. The message to the work
organization and specifically to team members, however, must be that we will
strive to limit any one individual’s continuing lost time.
A team approach is best.
Upgrade Case Management Skills
Indications are that work organizations are
increasing their use of case management professionals to coordinate and integrate
a range of social, health, and rehabilitation services to enhance the
functioning and quality of life of employees.
As corporations become increasingly aware of the costs of workplace
disabilities and respond with proactive disability management programs, case
managers must go beyond the traditional role of advocate and learn the necessary
skills to facilitate and maintain corporate DMPs.
These skills involve:
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collecting and analyzing corporate disability data, |
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providing key staff with information about the value of disability management, |
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communicating ideas about what specialized activities
or services to offer in a corporate DMP, |
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conducting training on how to implement proactive case management and disability management approaches, and |
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providing corporate DMP evaluation and continuation of
planning. |
The single most important
aspect of disability management is a total commitment to return employees to
work. Otherwise, costs are seldom
reduced.
Return to Productivity
Return to real productivity is
the goal of disability management and, of course, the resolution of all
lost-time situations. Case
management is the keystone of an effective DMP.
Case management has been defined in various ways as long as social work
and systematic health care have existed, and new models for case management are
evolving. Karen Kaplan, Director
of The National Center for Social Policy and Practice, defines the basic premise
of case management as: “The delivery of the right services at the right
time. Done correctly, case management
works because it helps ensure top quality care delivered in a timely fashion.
It allows the use of appropriate specialized services that maximize
recovery.”
Case management remains the
critical tool linking employer programs and policies with the health care
delivery system. Although managed
care has captured the attention of employers and their insurance carriers, it is
still case management that serves as the nexus between quality health care
(whether “managed” or not) and vocational productivity.
Housed in a comprehensive DMP,
case management can reduce health care costs and facilitate return-to-work
strategies. A comprehensive DMP
includes:
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implementing safety, wellness, and prevention programs, |
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devising and applying strategies for addressing injuries
and illnesses immediately, |
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developing preferred provider resources and case review
services, |
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providing intensive vocational rehabilitation to apply
enlightened and aggressive return-to-work programming modeled on the
accommodations provisions of the Americans With Disabilities Act of 1990 (ADA), |
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applying job modification, transitional employment, and
other tactics to keep the employee productive in the workforce; and |
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promoting case management activities to decrease
over-utilization of medical services, ensure the quality of care delivered, and reduce lost
time from work. |
Planning and monitoring these
features of a DMP are the responsibility of a select team of employees (and
perhaps one or more external resource people,
such as a case manager) who are empowered to design and operate a program
to prevent and manage disability costs. Generally, case managers are key members of the team.
What do case managers need to
know in order to serve as members of the disability management team? How do case
managers gain access to internal committees overseeing disability management?
And how do case managers ensure their continuing service to the
workplace? Case management professionals must understand aspects of
the corporate environment in order to successfully and effectively apply their
skills and expertise.
Organizations Are Political Landscapes
Broken paradigms are maintained
in large organizations by individuals with vested interests in keeping the status
quo. Insurance carriers or
third-party administrators, insurance brokers, risk managers, union
representatives, human resources managers, health and safety personnel, and
operations staff may have a stake in keeping work systems as they are, even if
those systems are dysfunctional.
Chances are, however, that a
well-managed company that properly utilizes case management services will be
receptive to the concept of disability management. Case managers can steer ad
hoc disability management committees toward the goal of establishing
proactive policies and procedures for handling lost time.
Many organizations may wish to establish permanent disability
management teams that meet regularly to staff all lost-time cases.
Case managers may indeed lead these teams.
Case managers functioning as
external consultants must realize, nonetheless, that helping to develop working
alliances within any organization will be their greatest challenge.
A case manager must seek and secure top management support for workplace
disability management. In most
cases, this commitment must come from no less than a CEO, a CFO, or a managing
board of directors. Otherwise, the
interdepartmental cooperation necessary to develop an effective disability
management program will not be realized.
Co-Malingering
In an unpublished paper, Ken
Mitchell, PhD, a nationally recognized disability management consultant, defines
co-malingering as the invisible bond between worker and employer or an agent
of either party (e.g., the treating physician and an injured worker can
co-malinger; likewise, an injured worker and an enabling case manager can
co-malinger). Mitchell has offered
this invaluable concept to both work organizations and case managers.
He writes, “Co-malingering is cooperative manipulation.
This manipulation can be intentional or involuntary, passive or
active, worker-centered or employer-centered, limited to a single event or
habitual. Co-malingering is a
deception that results in a subversion of a private or public disability
compensation system that is designed to protect the employer, employee, and
health care provider alike.”
Typically, co-malingering is
initiated and maintained by a system of beliefs, learned behaviors, and/or
intentions that are applied to specific situations in the workplace, but fail
to create an effective, mutually satisfying outcome for employer and employee.
Mitchell concludes,
“Co-malingering, while not always the result of an intentional act on the part
of either the worker or the employer, is quite often supported and encouraged by
the very system it seeks to deceive.”
Any party within the
compensation system working with the employee can consciously or unconsciously
co-malinger. Rehabilitation
personnel, physicians, supervisors, family members, lawyers, and claims
personnel are but a few of the individuals who can co-malinger with an injured
worker to maintain the compensation system.
Workplace policies can also perpetuate co-malingering.
Perhaps not realizing it, management and labor all too frequently agree
on contractual language that results in co-malingering.
Requiring that employees be 100% healthy before they return to work is an
example of a co-malingering employer policy.
Case managers must recognize that co-malingering can be a significant
issue in the workplace politics of lost time and disability.
Disability Versus Impairment
“Impairment’ and
“disability” are significant terms in any disability compensation system,
and understanding the dissimilarity of meaning between them is critical to an
employer’s understanding of disability compensation.
American employers pay far too
much for disability in the workplace because key decision-makers either do not
comprehend the difference or do not act on the distinction between impairment
and disability. In reality, the
same impairment can result in different degrees of disability depending on the
specific work situation, the characteristics of the worker, and the politics
surrounding the disability claim. For
example, the amputation of several fingers may leave a machinist totally
disabled. But the same amputation
may have little or no effect on a bus driver’s work. The impairment is the same; the work is different.
Therefore, the disability is different.
Understanding the critical
difference between impairment and disability has been liberating for many human
resource and risk management personnel. Charged
with the responsibility of returning permanently impaired employees to work,
case managers and disability managers now facilitate return to work by
addressing and ameliorating return-to-work barriers, thereby reducing or totally
eliminating disability. Impairment
is a medical concept, but disability is an occupational issue.
The work organization can actually manage disability.
Case managers must make sense
of this distinction and communicate it effectively to all members of the
disability management team. If
organizations are to reduce the cost of workplace disability and meet the
federal requirements of the ADA, the difference between disability and
impairment must be operational in return-to-work programs.
Job Descriptions Are Key Tools in Return to Work
The ADA introduced new concepts
to employers in terms of realizing the employment potentials of individuals with
disabilities. Two of the most
significant concepts are the “essential functions” of a job and “reasonable
accommodation.” The process of
job analysis and the outcome of job description are two of the most important
steps employers might take to develop and maintain effective return-to-work
programs. Case managers must become
proficient in job analysis and job description formulation.
Job analysis is the examination
of what a worker does, why it is done, how it is done, and the skills and
abilities required to perform the job. Job analysis produces a systematic and detailed map of how a
job is performed, and that map is the essential functions job description.
Once a job analysis is completed, gathered information can be arranged in
essential function form. A complete
“essential functions” job description can do the following:
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provide the physician with a thorough understanding of
the physical demands of the job, |
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provide the physician, rehabilitation professional, employer, and employee with a workable “blueprint” to which the individual parties can refer when discussing ways to modify work so that it matches the residual abilities of the employee, |
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serve as formal and legal documentation as to the
physical and mental requirements of available work, and |
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link often fragmented corporate systems/departments
(e.g., Human Resources, safety, medical, and production) that need to work
together with a common appreciation of job demands. |
In the early years of private
sector insurance rehabilitation, some case managers representing for-profit
organizations were undoubtedly caught walking with dirty feet in client
companies. Rehabilitation
counselors and case managers working from broken paradigms co-malingered, but
rehabilitation case managers also functioned without a vision, and seldom with
a model better than the reactive one bequeathed by insurance carriers on behalf
of insured employers.
Case management is coming of
age, however, and with the right tools and proper approaches, some case
managers can make significant contributions within corporate DMPs.
The notion that disability can be proactively managed and prevented by
the work organization itself is empowering. The
DMP concept makes it imperative that the case manager play a vital role in
injury management and return to work, and function within a framework of
common goal-sharing, collaboration, and teamwork.
Notwithstanding Habeck’s alarm over increasing costs in the
compensation system, case managers can encourage and lead client organizations
to improve reactive and seldom useful injury management methods of the past
and move beyond the broken paradigm.
References:
A Summary
of Issues Influencing Workers’ Compensation. Boca Raton, FL: The National Council on Compensation Insurance; 1992.
Habeck R.V. “Achieving quality and value in
service to the workplace.” Work
Injury Management; 1993; 2:1, 3-4.
Back To
Work. Minneapolis, MN:
Northwestern National Life Insurance Company; April 1994.
Calvin DE, Habeck RV, Kirchner KA.
A Report from the Leadership Forum
on
Kaplan K.U. “Recent Trends In Case
Management.” In Encyclopedia of Social Work, 18th ed. Silver Spring, MD.
The Function of Testing in the Vocational Evaluation
Process
By Beth McLaughlin and Jasen Walker, Ed.D.
The
primary function of a vocational evaluation professional is to identify an
individual’s vocational potential through the utilization of a systematic
assessment process. Through that process, the vocational professional is able to
measure, observe, document, and determine an individual’s potential to
successfully perform particular forms of work.
In many instances, vocational assessments are used to determine whether an injured (or ill) employer is able to return to work, and if so, to what kind of work. If return to work is indicated, the outcome of the evaluation will address the critical issues of returning to employment.
The
intended outcome of the assessment is to explore vocational options that will be
the basis for a viable work re-entry plan.
A return to work is the optimal outcome; however, in a few cases, the
outcome may indicate that work at any level may not be practical.
In these instances, treatments or other interventions need to be
considered. In all other cases, the
objective is a return to work, with or without an accommodation.
Much, if not most, of the work done in vocational evaluation is based on documentation. In addition, vocational rehabilitation professionals must rely on the recommendations of physicians in respect to an individual’s physical (or mental) capacities for work. However, a frequent issue affecting the vocational evaluation process is the basic difference between the concept of “impairment” and “disability.” Defining an impairment is, of course, within the scope of the physician’s expertise, whereas, defining disability is not. In terms of a work disability, the person making the decision needs to understand the physical and mental requirements of the specific work task to decide whether the impairment will, with or without a work accommodation, impact the injured worker’s ability to carry out that work. This expertise on occupational capacity belongs to the qualified vocational professional.
The
process used by vocational rehabilitation professionals to accomplish this task
is to assess or evaluate the injured worker, with a focus of determining
occupational fit. Good vocational assessment can be accomplished by utilizing
the following methods:
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reviewing various documentation, including medical, employment, wage
data, etc.; |
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direct observation; |
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obtaining physician input regarding residual functional capabilities; |
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conducting a client interview;
administering
standardized testing; |
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assessing and inventorying worker characteristics and potentials. |
However, despite the importance of testing in accurately assessing an individual’s characteristics and abilities, one of the most frequently asked questions are regarding vocational evaluations is, “What is the purpose of vocational testing?” Many times, persons requesting a vocational assessment question the efficacy of administering a battery of tests. In general, it is assumed that a person’s ability to perform a job can be determined solely by examining what type of work that individual had performed in the past, and therefore, any documentation beyond that is considered superfluous. In fact, to the well-trained vocational evaluation professional, work experience plays only a part in assessing a person’s ability to function effectively in a particular job. Most people fail to understand that occupational success is less dependent on an individual’s work history than is generally believed.
Because of the wide variations
in job descriptions and job demands, the work history alone does not ensure that
the individual being evaluated has acquired specific skills.
Moreover, it has been the experience of well-trained vocational
evaluators that individuals with particular work histories can possess
dramatically different skill sets and worker characteristics.
One could simply perform a "transferability of skills" analysis
on the basis of a person's work history. However,
not all longshoremen are simply
longshoremen. Some longshoremen, by
virtue of their work experience, need not read or write, and to assume from
their work experience alone that they cannot process information requiring
reading and writing could potentially be a major assessment error.
To assume that the longshoreman is simply interested in objects and
things because he has manually and mechanically unloaded ships and done nothing
more in his employment, could also be fraught with miscalculation.
In the 1960s and early '70s, a Seattle, Washington Longshoreman, Harvey
Jackins, wrote approximately 10 books and made a seminal contribution to a new
form of counseling and psychotherapy called Re-evaluation Counseling.
Because
effectively performing a specific job is dependent on several identifiable
factors and not necessarily representative of individual’s potentials,
vocational testing is an essential part of the evaluation process. Said
differently, an individual's having performed a specific job does not yield all
information about the person’s vocational capacities, and testing is an
essential part of expanding our knowledge of that person’s potentials and
alternative job compatibility characteristics.
Testing is designed to determine an individual’s appropriateness for
select forms of work by assessing actual abilities, preferences, and suitability
for various occupations. As such,
it can be used for a variety of purposes that would include assisting young
adults in choosing a career path, helping individuals looking for alternative
work, and, as is the case with vocational rehabilitation professionals, aiding
persons returning to work after a disabling injury.
The vocational rehabilitation professional is able to accurately carry
out test administration by applying knowledge acquired through formal and
on-the-job training.
Through
thoughtfully structured testing, a complete picture of an individual’s actual
abilities and work potentials can be obtained.
More importantly, without comprehensive test data, determining an
appropriate occupational match for an individual would be somewhat speculative.
That is, relying on previously acquired skills and/or employment history
alone would not allow for a vocational rehabilitation professional to accurately
prognosticate an individual’s potential to achieve success in a particular
job, because such information would lack critical components to worker success,
such as whether the individual possessed the language skills and/or interest to
perform that work.
So, what is a test? A
test is a standardized procedure for sampling behavior and describing it
with categories or scores. Standardization
is achieved if the procedures for administering the test are uniform from one
examiner and setting to another. Testing
yields quantitative data, allowing the examiner to compare the test takers
performance with the measured behaviors of others in a normative sample, or
larger number of individuals with similar characteristics (i.e. age, education,
gender, etc.) Testing has the
potential to provide qualitative data, which is the information about how
individuals behave when confronted with particular, generally novel tasks. Do they become nervous?
Are they able to sustain a particular effort? Do they ask appropriate or inappropriate questions regarding
the nature of the test administered, i.e., Will this identify my arithmetic
potential, or Will this test help me get a job as a rocket scientist?
Does the test-taker seem interested or indifferent to the process?
Does the test-taker make a genuine effort, or do they sabotage the
testing process?
There are several factors that
should be considered when developing criteria for vocational testing.
Those components would include academic achievement levels, aptitudes,
personality characteristics, and occupational interests.
Through gathering data in each of these areas, along with understanding
the history of the injured worker, one would be better equipped to successfully
match a person to a particular job than relying upon work history alone.
Academic testing measures an
individual's abilities to read, spell, and arithmetically calculate.
In general, these abilities are acquired through the course of formalized
schooling. However, reliance on
educational attainment without supplemental academic testing is not recommended
because rarely does educational level equate perfectly with actual ability.
Therefore, achievement testing is essential in determining decisively the
injured workers basic linguistic and mathematical abilities.
Aptitudes are an
individual’s natural capacity for learning, and aptitude testing is designed
to predict an individual’s ability to learn certain skills.
Such skills can include, solving problems visually, understanding
mechanical principles, perceiving differences in
tabulated data rapidly and
accurately, and comprehending written information.
The work that a person is most likely to be successful in is work that
involves aptitudinal strengths.
Personality testing is
designed to determine an individual’s specific charaterological traits and can
be used to decide what an individual’s temperament might be for a particular
type of work. That is, although a
person’s ability to perform a particular type of work is important in job
placement, for that individual to have the right temperament to effectively
carry out the work on a daily basis is also critical to job success.
Interest measures will
delineate preferences for types of work for a particular individual.
By determining likes and dislikes, work for which a person would most
likely find enjoyment can be more specifically described.
Obviously, individuals who enjoy what they do each day will have greater
motivation to continue their work and will have a better chance to be successful
in performing that work.
Along with the actual
assessment of an individual’s academic achievement, aptitudes, personality,
and interests, vocational evaluation also requires making certain that the data
obtained are an accurate reflection of the individual being tested.
In determining the validity of test data, one must examine three components that
include standard performance level, consistency of performance, and response
rate. Additionally, motivation to
perform can be assessed through observation of test-taking behavior.
These three factors, along with perceived level of motivation can be used
to assess whether test results gathered are a valid representation of
tests-taker’s actual potentials.
The concept of standard
performance level would suggest that examinees should perform at a level fairly
consistent with their educational background or same age peers and should
perform better on tasks that are more closely aligned with their academic and
employment histories. That is, one
would expect that an architect would demonstrate good mathematical and visual
problem solving abilities, while an author should possess good language skills.
Standard performance level would also suggest that there should be a
correlation between an individual’s intellectual ability and acquired skills.
Performance consistency suggests that examinees
should demonstrate a similar ability level on tests measuring similar skills
(e.g., vocabulary, reading comprehension).
That is, individuals should perform in a like manner on measures
assessing like skills. In addition,
test data gathered should not show significant variance during the course of
test administration occurring at one particular time. Examinees should demonstrate minimal fluctuation within or
between tests assessing similar skills that are administered at one sitting.
Response rate assumes that examinees should be able
to respond to questions on timed (speed) tests at a rate that would place them
within a performance range equal to their general ability as long as direct
physical limitations are not a factor. Additionally,
examinees should be able to complete untimed measures within the time frame
identified in the test manual.
Along
with these three factors, trained vocational evaluators can assess motivational
levels through observational information gathered during testing.
Although motivation is generally considered an internal dynamic, how
examinees behave while taking tests can provide a significant amount of
information about how invested the individual is in performing at an maximal
level.
Obviously, motivation to perform optimally should
also be questioned when individuals make statements about their disinterest in
the test-taking process or in their performance while working.
Additionally, injured workers invested in their performance should be
observed taking time available to check their responses for accuracy.
For example, on a test of spelling ability, an examinee should not
comment about believing a response is incorrect without making any effort to
change the response. Moreover,
motivation should be questioned in individuals that engage in superficial
conversation while working or succumb to possible distractions in the
environment, skip or ignore test instructions or example problems, or work in an
overly rapid and non-thoughtful manner. To
identify manipulation of test results, some tests, particularly personality
measures, are equipped with their own validity scales.
Vocational rehabilitation evaluations culminate in a
comprehensive report (to the employer or referral source) detailing a viable
course of action for the employee and/or providing information regarding an
individual’s potential to perform particular forms of work.
These reports can be critical in use as the basis for decision making by
the employer or as the prima facie evidence in litigation.
In conclusion, vocational testing is an integral and
critical aspect of the vocational evaluation process. As described above, comprehensive understanding regarding an
individual’s occupational potentials involves a careful examination of
variables beyond simple physical capacities to work. Therefore, in order to be effective, vocational assessment
must include collection and interpretation of information in the realm of
abilities, interests, and personality characteristics.
With the availability of such data, used in combination with an
appropriate understanding of essential job functions, work ability decisions can
be made with greater reliability and validity.
For
the vocational rehabilitation professional, it is essential that a vocational
assessment be carried out in a manner that utilizes direct observation, review
of documentation, physician input, client interview data, and standardized
testing. Again, to assume that
occupational potential can be accurately ascertained without gathering data that
includes academic achievement levels, vocational aptitudes, personality
characteristics, and occupational interests, could result in a less than
accurate assessment of an individual’s actual capacities to work.
In addition, by relying on limited information, the vocational
rehabilitation professional would be increasing the risk of returning an injured
worker to an unsuitable position, thus resulting in additional lost time from
work as the individual is more likely to fail in adhering to the demands of a
particular job.
Only
by completing a thorough assessment of an individual that includes
administration of vocational testing can appropriate occupational potentials be
determined. In doing so, the
vocational rehabilitation professional can make more accurate decisions
regarding an individual’s ability to perform certain types of work and can
better prognosticate that individual’s chance of being successful in doing so.
By understanding what an injured worker can do physically,
intellectually, and temperamentally, a vocational rehabilitation professional
can promote a successful return to work.
Since
the primary function of a vocational rehabilitation professional is to identify
an individual’s vocational possibilities, it is essential that a thorough and
comprehensive assessment occur. Only
through such as assessment can accurate and complete information regarding an
injured worker’s capacity for work be obtained.
Anything less can only make a difficult situation more problematic.
Understanding Vocational Testing (in the Forensic Vocational/Disability Evaluation Process)
By:
Jasen M. Walker, Ed.D., C.R.C., C.C.M.
Vocational/disability
evaluation in personal injury matters is an effort to explain how medical
impairment following personal injury interferes with work functions.
In order to understand how personal injury potentially affects a
plaintiff’s capacity to work, one must first appreciate the difference between
impairment and disability. According to the American Medical Association’s
Guides to the Evaluation of Permanent Impairment (Third Edition-Revised),
impairment means “an alteration of an individual’s health status that is
assessed by medical means,” and
disability, “an alteration of an individual’s capacity to meet personal,
social or occupational demands,” is assessed by non-medical means.
Medical
experts are retained to describe how injury and/or illness alter an
individual’s health status. Vocational
experts are assigned with responsibility of determining how the “alteration”
of an individual’s health status impacts his/her employment and occupational
potentials. Economic experts assess
the long-term financial impact of an individual’s disability.
Vocational disability evaluation is the keystone in the tripartite
(medical-vocational-economic) analysis of loss associated with personal injury.
Vocational/disability evaluation is enhanced through the utilization of
available methods for measuring an individual’s capacities to learn and work
following a change in health status.
Vocational/disability
evaluation is best carried out by certified and/or licensed evaluators who
possess training and experience in career assessment, evaluation of individuals
with medical impairment, job placement of individuals with occupationally
significant medical histories, job analysis, and vocational rehabilitation.
Vocational experts are uniquely qualified to assess the occupational
significance of medical impairment and resultant functional limitations.
Few, if any, medical experts are trained in these disciplines, and the
physician should not be placed in a position to determine industrial loss of
use, economic loss, or any other type of loss arising from vocational disability
(American Medical Association).
Evaluation
of occupational loss in personal injury cases is generally conducted by
individuals who are Certified Rehabilitation Counselors, Certified Vocational
Evaluators, Disability Management Specialists, and/or Clinical Associates or
Diplomates of the American Board of Vocational Experts.
In Pennsylvania (as well as in other jurisdictions), competent vocational
evaluators generally are licensed as Professional Counselors and/or serve as
Vocational Experts for the Office of Hearings and Appeals of the Social Security
Administration.
Vocational
evaluation in matters of occupational disability is an evolving discipline.
As in any profession, not all vocational experts pursue their discipline
with equal rigor or intensity. Vocational
evaluation to determine the impact of medical impairment upon an individual’s
employability and wage potentials is an endeavor that requires not only
training, experience, and proper credentialing, but a genuine
effort to investigate (with a variety of tools) the examinee’s capacities to
learn, work, and earn money through gainful activity.
Vocational/disability
evaluation ideally involves a careful review of any and all relevant medical
information regarding the person to be evaluated. The evaluee should participate in a clinical interview – a
structured question-answer session – with the evaluator, who would ideally
make inquiry and observation regarding the person’s medical background, social
history, educational experiences, occupational endeavors, and interview
behaviors (i.e. speech articulation, appearance, and ability to comprehend
questions). Generally speaking,
this type of interview can last between one and two hours.
Vocational/disability
evaluation, however, also ideally includes administration of a standardized
battery of tests, preferably designed to generate information regarding an
examinee’s abilities to read, calculate arithmetically, reason in a number of
ways, solve novel problems, use language properly, and employ cognitive
abilities that could be utilized in work settings. The test investigation could likely involve administration of
occupational interest inventories, work personality questionnaires, and, at
times, measures of upper extremity capabilities, both gross motor and fine
fingertip. The vast majority of
individuals who have been injured musculoskeletally will be medically limited in
terms of their exertional capabilities, and the effort in these types of cases
is frequently to determine how well the individual can function in relation to
data, people, and inanimate objects. Moreover,
one becomes invested in understanding how well the examinee can process
information. Such an effort
requires far more than history taking (vocational interviewing) and so-called
“transferability of skills” analysis. Standardized
vocational testing can be, and generally speaking is, an essential component of
disability evaluation and residual employability assessment.
Vocational Testing
Vocational
testing is the administration of standardized tests that provide information
regarding particular worker characteristics and behaviors.
A test is a standardized
procedure for sampling behavior and describing it with categories or scores.
Vocational testing facilitates decision-making in occupational selection
and classification of personnel and assists professionals and those being tested
in making a career choice.
Vocational
testing with standardized measures has its roots in psychological and mental
assessment of “feeble minded” citizenry, including early 20th-century
immigrants and World War I army recruits. Without
question, vocational testing has evolved substantially and, of course, not
without controversy. Questions
regarding test reliability, cultural and racial bias, the effect of other
individual differences, test norms, predictive validity, and proper utilization
of test results have challenged psychologists, test manufacturers, and test
administrators for decades. These pressures have continued to shape the field of testing.
Professional, moral, ethical, and social issues have influenced and will
continue to influence the development and use of standardized testing.
One
of the single most prolific vocational test administrators remains the
Department of Defense with its employment of the Armed Services Vocational
Aptitude Battery (ASVAB). The ASVAB
is the most widely used paper-and-pencil test in existence and is used by the
Armed Services to screen potential recruits and to assign personnel to different
jobs and training programs. More
than two million examinees take the ASVAB each year.
Simply
stated, one can more effectively and accurately predict the proper vocational
placement of an individual when that individual’s personal history is
supplemented by standardized test data. An
effective battery of
vocational tests generally includes
measurements of interests, abilities, and personality.
This tripartite appraisal allows one to predict if the person will
potentially be satisfied with work, possess the abilities or aptitudes to learn
and/or perform the work, and manifest personal characteristics to properly
“fit” with the job functions required.
Vocational test batteries often investigate other worker characteristics
as well. Nonetheless, investigation
of these three areas—interests, abilities, and personality (temperament)—is
generally critical.
Vocational Testing in Matters of Personal Injury
Vocational
testing in personal injury lawsuits provides the forensic examiner with
additional data sets that detailed review of documentation and careful history
taking cannot provide. Vocational
testing provides information regarding an examinee’s worker characteristics
compared to others with whom she/he might compete for a job or particular type
of job. Careful and tactful
questioning and a clearly identified work history cannot provide comparable
information to that type of investigation that is also supplemented by
standardized testing. Occupational
“match” or “fitness” can be enhanced substantially by employing
vocational testing as an adjunct to detailed interviewing and observation.
Vocational
testing permits the test administrator to formulate a more certain projection of
an individual’s capacity to meet the demands of a job description.
Critical requirements of jobs can be matched with an examinee’s
performances and results in standardized tests of abilities, interests, and
personality. Moreover, vocational
testing can provide predictive information regarding an individual’s
capacities to learn and develop new occupational capabilities through on-the-job
training or classroom retraining.
Customary Tests Utilized
Ability,
achievement, intelligence, and aptitude testing employed in
vocational/disability evaluation are generally designed to measure various
behaviors that have application to an individual’s capacities to work
effectively with data primarily, objects and things secondarily, and people to
some extent. A measured ability
is a determination that the worker characteristic measured and possessed is
sufficient to learn and perform a particular task.
According to Webster, an
ability is the quality or state of being able; competence in doing; and natural
talent or acquired proficiency. Achievement may be thought of as the present level of an
individual’s learning and her/his ability to apply what has been learned.
Intelligence is one’s
potential to profit from experience and the capacity to understand or
comprehend. An aptitude is the capacity for learning a given discipline or subject
matter. The value of vocational
testing in these areas is self-evident when there is a chance that an individual
displaced from an occupation can return to the labor force in a similar or
different job.
Occupational
interest testing allows the vocational test administrator to determine what
type of work tasks will engage the individual, not necessarily what the
individual is able to learn or do. Discovering
what type of jobs this individual will find satisfying is the goal of interest
testing. Without some degree of
vocational interest or potential job satisfaction, the examinee will probably
not be motivated to maintain a particular type of work or necessarily manifest
sufficient effort, particularly in a job that she/he actively dislikes.
Personality testing in vocational
assessment is designed to measure that all-important aspect of occupational
fitness, namely, personal characteristics that signal behavioral, social,
emotional, and intellectual tendencies distinguishing one individual from
another. Vocational evaluation has
long relied upon personality types to create an occupational match based on temperament—a person’s constitution, complexion, or makeup.
Personality traits of special occupational groups have been studied by
vocational developmental theorists since the late 1930s.
Every individual inherits a tendency to expend her/his energies in some
particular way, and that innate predisposition toward the manner of expending
psychic energy, combined with various childhood experiences, molds the general
style of an individual, which directly influences the individual’s pursuit and
maintenance of a particular form of work. It
is clear that most Tractor Trailer Truck Drivers’ temperaments have common
characteristics and School Teachers have different temperaments, but ones in
common with other teachers. Indeed,
there are certain personality traits that are more conducive to elementary
school teaching than secondary school teaching.
Basic Statistical (and Practical) Considerations
for Standardized Testing
The
employment of standardized testing involves three basic considerations:
Validity, Reliability, and Usability.
Validity is the most important
consideration. Validity of the test
concerns what the test measures and
how well it does so. No test
can be said to have “high” or “low” validity in the abstract.
Its validity must be determined with reference to the particular use for
which the test is being considered. Content
validity involves essentially the systematic examination of the test content to
determine whether it covers a representative sample of the behavior domain to be
measured. Content validity is most
obviously important in achievement and aptitude tests.
Construct validity is probably the most important type of psychological
theory. With construct validity,
there is a prediction of the results that should be obtained if the test is
truly valid. Criterion-related (or
predictive) validity indicates the effectiveness of the test in predicting an
individual’s behavior in a specified situation.
Based on the predictive validity of the test, one can make inferences
from test scores to specific situations (e.g., a high score in Mechanical
Reasoning will predict the potential to learn mechanical work).
Attempting
to define the validity of the test, however, will be a futile effort if the test
is not reliable. Reliability
of standardized tests refers to the consistency of scores obtained by the same
individuals when re-examined with the same test on different occasions, or with
different sets of equivalent items, or under other variable examining
conditions. The concept of
reliability underlies the computation of the
error of measurement (error variance) of a single score, whereby one can
predict the range of fluctuation likely to occur in any single individual’s
score as a result of irrelevant, chance factors.
Stated simply, by test reliability, one refers to the reproducibility of a set of test results. A test with high reliability is one that will yield very much
the same relative magnitude of scores for a group of people under differing
conditions or situations. Reliability
estimates are presented in a numerical
coefficient. A perfect reliability (correlation) coefficient of +1.00 is
statistically impossible to obtain with any test, but essentially means that
there is a one-to-one (absolute) correlation between scores obtained today with
those that would be expected with the same instrument (or different sets of
equivalent items) tomorrow.
Classical
test-score theory assumes that each person has a true score that would be
obtained if there were no errors in measurement. However, because measuring instruments are imperfect, the score observed for each person may differ from the
person’s ability or characteristic. The
difference between the true score and
the observed score results from measurement
error. Measurement error can be a function of various dynamics
and sources and is not always a function of test reliability.
Anything that affects scores differently increases the amount of error
variance and lowers the reliability and (indirectly) the validity of an
instrument. Examinee motivation,
time influence, situation-induced factors (e.g., secondary gain), distortion
(cheating or faking), and cultural differences are among the numerous sources of
error variance.
An
experienced test interpreter will be able to account for the numerous factors
that potentially cause measurement error. One
method of accounting for measurement error is to administer more than one
instrument measuring the same behavior, such as arithmetic ability.
Another method is, of course, to review test data gathered by different
sources, perhaps at different times, to make comparisons with information from a
current assessment.
Validity is the extent to
which a test does the job desired of it; the evidence may be either empirical or
logical. Validity is established to
a statistical comparison of scores with values on some outside variable.
Reliability is the reproducibility of a set of scores under differing
conditions (i.e., consistency or stability of a measuring instrument necessary
for, but not sufficient for, validity).
Usability is consideration of the many
practical factors that are going into the decision to use a particular test.
A longer test may be more reliable, even more valid; however, if there is
only a limited time for testing, one may have to compromise with that particular
ideal. Whether the preferred test
is too expensive or unavailable can determine the selection of one test over
another.
Vocational Evaluation Test Selection
Vocational
evaluation should endeavor to integrate standardized test data from measures of
ability, personality, and interest. The
most frequently employed ability measured in occupational assessment is the
Vocational Aptitude Battery. There
are several vocational aptitude batteries on the market as well as some that are
not readily available to the private practitioner but are nonetheless frequently
referenced in military, educational, and employment records.
Bennett Mechanical Comprehension Test – Designed to measure the ability to understand and perceive
the relationship of physical forces and mechanical elements in practical
situations, The Bennett Mechanical is considered a valid instrument for what it
purports to measure and rates relatively high in terms of simplicity of
instructions and responses required. In
many trades and occupations, the understanding of mechanical principles is a
prerequisite to successful performance. Automotive
mechanics, plumbers, mechanical engineers, trade school applicants, and persons
in many other “hands-on” vocations need to comprehend the basic mechanical
principles in order to succeed in their fields.
This test consists of pictures about which the examinee must answer
straightforward questions. The situations depicted emphasize basic mechanical principles
that might be encountered in everyday life.
In spite of its psychometric excellence, the Bennett Mechanical is in
need of modernization.
Career
Ability Placement Survey
–
Designed to predict an individual’s potential to learn and/or perform
occupations in 14 vocational fields, the Career Ability Placement Survey (CAPS)
provides information regarding the test-taker’s Mechanical Reasoning, Spatial
Relations, Verbal Reasoning, Numerical Ability, Language Usage, Word Knowledge,
Perceptual (clerical) Speed and Accuracy, and dominant-hand Manual Speed and
Dexterity. Highly formulated on the
Employee Aptitude Survey and the General Aptitude Test Battery, the CAPS can be
administered individually or in a group. It
is easily and rapidly scored. It
has a very high predictive value with a predictive validity coefficient of .97
percent, according to the test makers. The
CAPS also has the advantage of being constructed with the COPSystem Interest
Inventory, providing compatibility between aptitude and interest testing.
Differential
Aptitude Test
–
The Differential Aptitude Test (DAT) was first issued in 1947 to provide a basis
for educational and vocational guidance of students in grades 7 through 12.
Subsequently, examiners have found the DAT useful in vocational
counseling of young adults out of school and the selection of employees.
The DAT consists of eight independent tests: Verbal Reasoning, Numerical
Reasoning, Abstract Reasoning, Perceptual Speed and Accuracy, Mechanical
Reasoning, Space Relations, Spelling, and Language Usage.
The reliability of the DAT is generally quite high.
The test manual presents extensive data demonstrating that the validity
data predict the DAT to be a good indicator of school grades and performances on
other aptitude tests.
General
Aptitude Test Battery – In the late 1930s, the U.S.
Department of Labor developed aptitude tests to predict job performance in 100
specific occupations. In the 1940s,
the department hired a panel of experts in measurement and
industrial-organizational psychology to create a multiple aptitude test battery
to assess the 100 occupations previously studied and many more.
The outcome of this herculean effort was the General Aptitude Test
Battery (GATB), widely acknowledged as the premier test battery for predicting
job performance. Unfortunately, the
U.S. Department of Labor limits distribution of the GATB to state agencies of
Vocational Rehabilitation, Offices of Employment Security, and some public
school districts and nonprofit organizations.
Armed
Services Vocational Aptitude Battery – Designed for the Department of Defense, the Armed
Services Vocational Aptitude Battery (ASVAB) is administered to more than 1.3
million students each year. A
multiple aptitude battery, the ASVAB was designed for students in grades 11 and
12 and in post secondary schools. The
scores yielded are used in both educational and military settings.
The psychometric characteristics of the ASVAB are excellent, and the test
manual and supporting documentation reveal that the ASVAB is a valid predictor
of performance during training for a variety of military and civilian
occupations. Like the GATB, the
ASVAB is not available to private practitioners, but the data these tests yield
should be familiar to vocational experts who will frequently encounter them in
educational and military records.
The
Wonderlic Personnel Test – Even though it is described as
a personnel test, the Wonderlic is really a group test of general mental
ability. What makes this instrument
somewhat of an institution in personnel testing is its format (50
multiple-choice items), its brevity (a 12-minute time limit), and its numerous
parallel forms (16 at last count). The
reliability of the Wonderlic is quite impressive, especially considering the
brevity of the instrument. Internal
consistency reliabilities typically reach .90, while alternative-form
reliabilities usually exceed .90. Regarding
validity, if the Wonderlic is considered a brief test of general mental ability,
the findings are also quite positive. For example, one investigator reports a correlation of .91
between scores on the Wonderlic and scores on the Wechsler Adult Intelligence
Scale, generally considered the gold standard in assessing adult mental ability.
The
Minnesota Clerical Test – The Minnesota Clerical Test (MCT) purports to
measure perceptual speed and accuracy relevant to clerical work.
The MCT is divided into two subtests: Number Comparison and Name
Comparison. Each subtest consists
of 100 identical and 100 dissimilar pairs of digit or letter combinations.
The examinee is required to check only the identical pairs, which are
randomly intermixed with dissimilar pairs.
The score depends predominantly upon speed, although the examinee is
penalized for incorrect items. The
reliability of the MCT is acceptable, with reported stability coefficients in
the range of .81 to .87. The MCT
manual reports studies that are correlated with measures of job performance,
measures of training outcome, and scores from related tests.
The job performance of directory assistants, clerks, clerk-typists, and
bank tellers was correlated significantly but not robustly with scores on the
MCT. The MCT is also highly
correlated with other tests of clerical ability.
Achievement and Intelligence Testing
In
particular situations, the vocational/disability evaluator will use measures of
achievement and intelligence. These
types of instruments are used to investigate an individual’s capacities to
learn and profit from additional education.
Achievement testing, particularly reading achievement, can also provide a
preliminary determination as to whether the examinee can indeed read well enough
to qualify for additional paper-and-pencil testing.
Intelligence testing can provide information on not only learning
potential, but learning style as well. Not
every vocational evaluator is trained or qualified to administer particular
intelligence tests. For example,
the Wechsler Adult Intelligence Scale, now in its third edition, is beyond the
training and qualifications of most master’s level evaluators.
Wide
Range Achievement Test-Revision3 – The Wide Range Achievement Test-Revision3 (WRAT-R3)
is an individually administered achievement test that was designed as an adjunct
to tests of behavioral adjustment, intelligence, and aptitude.
Basically, this instrument is used to measure the achievement level or
presence of a sensory-motor skills level in learning to read, spell, write, and
arithmetically calculate.
Peabody
Picture Vocabulary Test-III
–
The Peabody Picture Vocabulary Test-III (PPVT-III) measures hearing or
perceptive vocabulary, presumably providing a rough estimate of verbal
intelligence, and one can use it as a screening instrument or as a supplement to
other measures in evaluating learning problems and potentials. The advantage of the PPVT-III is that it can be administered
to a wide range of individuals, ranging from 2.5 years to adult.
Peabody
Individual Achievement Test-Revised – The Peabody Individual Achievement Test-Revised (PIAT-R)
is designed to measure school achievement in the areas of mathematics, reading,
spelling, general information, and written expression.
The PIAT-R covers a wide range of achievement levels from preschool to
post-high school.
Kaufman Brief Intelligence Test
–
The Kaufman Brief Intelligence Test (K-BIT) is a “screening” instrument
measuring verbal and nonverbal intelligence, consisting of two subtests. The Vocabulary subtest measures verbal, school-related skills
(“crystallized thinking”) by assessing an individual’s word knowledge and
verbal concept formation. The
Matrices subtest measures nonverbal and problem-solving skills (“fluid
thinking”) by assessing an individual’s ability to perceive relationships
and complete analogies. The K-BIT’s
standard scores are normed to permit direct comparisons with global scores
earned by an individual on the Wechsler (1974, 1981, 1989) series of scales, the
Kaufman intelligence scales, and on achievement batteries (such as the WRAT-R).
The K-BIT is normed for subjects ages 4 to 90, and one of its advantages
is that it can be administered in 15 to 30 minutes.
Reliability findings for the K-BIT are exceptionally strong.
The K-BIT manual reports highly supportive validity data from 20
correlational studies. Although the
K-BIT yields standard scores having the same mean and standard deviation as the
Wechsler and Kaufman scales, the K-BIT should not be used as a substitute for a
comprehensive measure of the intelligence of a child or adult.
General Ability Measure for
Adults – The General Ability Measure for Adults (GAMA)
provides an estimate of an individual’s nonverbal intelligence using
abstract designs. Nonverbal
abstract figures (rather than verbal content) are used to minimize the effects
of knowledge, verbal expression, and verbal comprehension on test scores. This approach offers the advantage of providing an instrument
that is accessible to a wide variety of people with different communication
skills and diverse linguistic, cultural, and educational backgrounds.
Beta III – This
instrument is the third edition of the Beta Examination, a rough measure of
general intelligence of persons who have difficulty reading or speaking English.
It is designed for use with individuals in the general population ages 16
to 89 years, or with individuals who are non-English speakers, are relatively
illiterate, or have language difficulties.
The Beta III consists of five subtests: Coding, Picture Completion,
Clerical Checking, Picture Absurdities, and Matrix Reasoning.
The final score is displayed as a nonverbal IQ.
Validity studies report that the Beta III is highly correlated with the
WAIS-III.
Slosson
Intelligence Test-Revised
- Designed
as a screening instrument of intelligence, the Slosson is orally administered to
eliminate reading by the test-taker. Although
the Slosson can be administered to illiterate or other clients who may be
disadvantaged because of cultural or social status, it should be considered a
screening instrument only.
Wechsler
Adult Intelligence Scale-III
- David
Wechsler defined intelligence as the capacity to act purposefully and to adapt
to the environment. Intelligence
is, he stated, “the aggregate or global capacity of the individual to act
purposefully, to think rationally and to deal effectively with his
environment.”. The Wechsler Adult
Intelligence Scale-III (WAIS-III) contains verbal and performance subtests and
yields three IQs (Verbal Scale IQ, Performance Scale IQ, and Full Scale IQ).
The WAIS-III also provides index scores for Verbal Comprehension,
Perceptual Organization, Working Memory, and Processing Speed.
The WAIS-III is considered the premier standardized test of adult
intellectual capacity. Administration
requires considerable training and experience, preferably in earlier versions of
the Wechsler tests.