Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Transcription

1 Presenting a live 90-minute webinar with interactive Q&A Personal Injury Litigation: Proving or Disproving Economic Damages Navigating Methodologies and Factors Impacting Court Awards and Best Practices for Recruiting Financial Experts THURSDAY, SEPTEMBER 20, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Ronald T. Luke, President, Research & Planning Consultants, Austin, Texas Kacy L. Turner, Vocational Consultant, Research & Planning Consultants, Austin, Texas The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

2 Sample Report Vocational Assessment Prepared for Plaintiff This Sample Report is a redacted version of an actual RPC report. Names of all individuals including parties to the lawsuit, physicians, and others have been changed, as have dates and other details. Carlos Martinez August 10, 2011 Research & Planning Consultants, L.P. ( RPC ) was retained to provide an analysis of the damages to Carlos Martinez including a Vocational Assessment. This report is the vocational assessment for Mr. Martinez and addresses his future earning capacity. This report is not intended to cover all damages for Mr. Martinez. 2. This expert report was prepared by Kacy L. Turner, M.S., CRC, CVE, CLCP. A curriculum vita is included in Attachment 1. Attachment 2 to this report lists the documents that were reviewed and relied upon in the preparation of this report. Attachment 3 contains the Transferrable Skills Analysis report for Mr. Martinez. Should additional documents or information become available, RPC reserves the right to amend this report. 3. Mr. Carlos Martinez is a Hispanic male who was born on June 25, 1954, and is currently fifty-seven years old. Mr. Martinez is married and currently lives in Austin, Texas. On July 5, 2008, Mr. Martinez reported to his wife that his heart felt like it was racing and that he did not feel well. Mrs. Martinez took Mr. Martinez to the Emergency Room at Texas Medical Center. According to Mrs. Martinez, Mr. Martinez was in atrial fibrillation 1 and it was determined that he needed an implantable cardioverter defibrillator (ICD). 2 Prior to the placement of the ICD, Mr. Martinez suffered a stroke. 3 Mr. Martinez was diagnosed with a cerebral embolism with cerebral infarction, 4 resulting in hemiplegia and hemiparesis as well as 1 Atrial fibrillation (AF or A-fib) is the most common cardiac arrhythmia (abnormal heart rhythm), and involves the two upper chambers (atria) of the heart. Its name comes from the fibrillating (i.e., quivering) of the heart muscles of the atria, instead of a coordinated contraction. Website: 2 An ICD is a specialized device designed to directly treat a cardiac tachydysrhythmia. Website: 3 Personal Interview with Mr. and Mr. Martinez, July 29, Website: Research & Planning Consultants, L.P. 505 East Huntland Drive, Suite 270 Austin, Texas Phone: Fax:

3 Vocational Assessment for Carlos Martinez August 10, 2011 Page 2 of 10 aphasia. 5 He also suffered pulmonary collapse and was diagnosed with an arterial embolism 6 or thrombosis of the lower extremity. He was also diagnosed with primary cardiomyopathies, facial weakness, speech disturbance, dysphagia, 7 and unspecified atherosclerosis of native arteries of the extremities. Mr. Martinez underwent a left heart cardiac catheterization, coronary arteriography, angiocardiography of the left heart structures, speech training and therapy, physical therapy and occupational therapy. He was discharged on July 18, Mr. Martinez was admitted to Southern Medical Center Rehabilitation ( SMCR ) on July 19, 2008 for inpatient rehabilitation. Mr. Martinez was admitted with a diagnosis of left acute Cerebral Vascular Accident (CVA) or stroke with right hemiparesis, aphasia, hypertension. 9 He participated in physical, occupational and speech therapies. Mr. Martinez continued with therapy until August 13, 2008, when he was transferred to Good Shepherd Hospital for treatment of the DVT On August 26, 2008, Mr. Martinez was transferred back to SMCR for continued rehabilitation after placement of an Inferior Vena Cava (IVC) filter 11 for the DVT to prevent a blood clot. During his therapy, he experienced symptoms associated with increased heart rate. As a result, Mr. Martinez was transferred to AusTex Hospital on August 28, 2008, to be evaluated by Dr. Thomas R. Parker, who is board certified in internal medicine, cardiac electrophysiology and cardiovascular disease. 12, Mr. Martinez returned to SMCR on August 31, 2008, for continued inpatient rehabilitation for his stroke. He continued to make improvements and was discharged to the transitional living program at SMCR 14 on September 18, At the time of his discharge on October 3, 2008, Mr. Martinez had made steady progress. He was able to ambulate with a cane but required assistance for curbs and balance. He was independent with his eating and grooming and still required assistance with bathing and dressing. Mr. Martinez continued to experience deficits with cognitive skills such as decreased attention, poor memory, decreased problem solving and difficulty with comprehension. It was recommended that he transition to outpatient physical therapy, occupational therapy and speech therapy at SMCR Aphasia is condition characterized by either partial or total loss of the ability to communicate verbally or using written words. Website: 6 An embolus is a blood clot, bit of tissue or tumor, gas bubble, or other foreign body that circulates in the blood stream until it becomes stuck in a blood vessel. Website: 7 Difficulty in swallowing or inability to swallow. Website: 8 Texas Medical Center, Abstract, July, 18, Deep vein thrombosis (DVT) is a blood clot (thrombus) in a deep vein, usually in the legs. Website: 10 Southern Medical Center Rehabilitation, Discharge Summary, August 13, 2008, page 1 11 An inferior vena cava filter, also IVC filter or Greenfield Filter a type of vascular filter, is a medical device that is implanted by interventional radiologists or vascular surgeons into the inferior vena cava to prevent fatal pulmonary emboli. Website: 12 Website: 13 Southern Medical Center Rehabilitation, Discharge Summary, August 28, 2008, page 1 14 Southern Medical Center Rehabilitation, Discharge Summary, September 18, Southern Medical Center Rehabilitation, Discharge Summary, October 3,

4 Vocational Assessment for Carlos Martinez August 10, 2011 Page 3 of Mrs. Martinez reported that Mr. Martinez received therapy for approximately one year after the stroke. There were times when the insurance company denied therapy services. During those times, Mrs. Martinez hired personal trainers to work with Mr. Martinez to keep up his strength and endurance. Mrs. Martinez also reported that Mr. Martinez underwent placement of a pacemaker in January Personal Interview: I conducted an in-person clinical interview on July 29, 2011, with Mr. Martinez at his home in Austin, Texas. Mrs. Martinez was also present for the interview to assist with medical and personal information due to Mr. Martinez memory deficits. 9. Mr. and Mrs. Martinez live in a one-story home in Austin, Texas and have been there since Mr. Martinez has one grown child; however, she has her own family and is unable to assist Mr. Martinez. Mrs. Martinez stated that Mr. Martinez has cut off contact with his family since the stroke and does not want to burden them with his medical concerns. Mrs. Martinez has no children. 10. Mr. Martinez has completed his therapies and is currently maintaining his strength and endurance with a home exercise program. Mr. Martinez stated that he walks every other day and is able to go around his neighborhood block. He reports that he is using an ankle foot orthosis 16 (AFO) on his right ankle to increase stability when he walks. Mr. Martinez has a foot drop 17 due to residual weakness from the stroke. Mrs. Martinez stated that Mr. Martinez continues to have some instability when walking on uneven surfaces and uses his cane for these occasions. Mr. Martinez also has some residual weakness and paralysis in his right arm and hand. He is unable to reach above shoulder level and his fine motor skills in his right had are significantly decreased. Mr. Martinez was right handed prior to the stroke and is unable to write with that hand. He is trying to learn how to write left handed. He has had to learn to do many things with his left hand which causes him to be much slower at completing tasks. 11. Mr. Martinez reported that he is independent with his activities of daily living such as bathing, grooming and dressing although it takes additional time. Mr. and Mrs. Martinez have a walk in shower which makes showering more manageable as he does not have to step into a tub. He does not use a shower chair nor do they have any grab bars for safety in the shower or by the toilet. 12. Mrs. Martinez stated that they have had to make many adjustments to their life due to the residual deficits from the stroke. Mr. Martinez used to be very knowledgeable with computer programs and and used to help Mrs. Martinez with saving documents, researching on the Internet, etc. Mrs. Martinez reported that Mr. Martinez never uses the computer, is unable to assist her with any programs and is unable to remember the sequence to save a document. She reported that now they have been getting assistance from her family with the computer. 13. Mrs. Martinez stated that Mr. Martinez is no longer able to climb the ladder to the attic and all of the Christmas decorations must now be stored in their garage. Mr. Martinez is unable to change light bulbs, smoke detector batteries or air filters due to his decreased balance. Prior to 16 A brace (usually plastic) worn on the lower leg and foot to support the ankle, hold the foot and ankle in the correct position, and correct foot-drop. Abbreviated AFO. Also known as a foot-drop brace. Website: 17 Foot drop describes the inability to raise the front part of the foot due to weakness or paralysis of the muscles that lift the foot. Website: 4

5 Vocational Assessment for Carlos Martinez August 10, 2011 Page 4 of 10 the stroke, Mr. Martinez was responsible for all of the yard work, and now is incapable of physically pushing the mower or operating other yard equipment. 14. Mr. and Mrs. Martinez own two rental properties that Mrs. Martinez manages. Mr. Martinez was responsible for the basic maintenance of these properties, but is no longer able to perform these duties. Mrs. Martinez must rely on her family to help or hire someone to complete the tasks. 15. Mrs. Martinez stated that they used to go out to dinner regularly and sometimes went dancing. Mr. Martinez is unable to tolerate crowds and public places so they have no social life. Mrs. Martinez family used to come to visit and barbeque almost weekly prior to Mr. Martinez stroke. She also indicated that she and Mr. Martinez spent a great deal of time with her nieces and nephews and in fact, they practically raised them. 18 Since the stroke, Mr. Martinez can t play sports with them and is also unable to tolerate having them in his home. He is unable to take them to the movies as he becomes frustrated with them. Mrs. Martinez stated that it is very sad and that the children do not understand why their uncle doesn t want to spend time with them any longer. Mr. Martinez can t tolerate the noise and distractions when his wife s family visits for barbeques. He is able to visit with them for a short time and then returns to the house where it is quiet. Prior to the stroke, Mr. and Mrs. Martinez both stated that he would help her with the food preparation and cooking and they would socialize well into the night. 16. Mr. Martinez stated that he goes to bed at 11:00 pm. He is usually up by 5:00 AM and can t go back to sleep due to pain. He has pain in his right leg and his right arm feels like it is asleep. Due to the pain, he is unable to get comfortable and go back to sleep. He does not have any prescription pain medication and chooses not to take any. Mr. Martinez stated that he takes an hour to an hour and a half nap each day due to fatigue. 17. Mr. Martinez was an avid runner prior to the stroke. He ran every morning and then as he entered his fifties he began running every other day. He used to play golf, tennis and go swimming. Mr. Martinez participated every year in a day long canoeing trip with his employees and traveled extensively for work. He has been unable to participate in any of these hobbies since his stroke in He stated that currently he enjoys going to the movies and he has been watching television. He is able to help Mrs. Martinez with light housekeeping and laundry. He also helps with preparing meals although he does no cutting or chopping for safety reasons. Vocational Assessment CARLOS MARTINEZ 18. Mr. Martinez was born and raised in Austin, Texas and graduated from Central High School. He attended the Texas State University for one semester and then quit to get married. He has not received any additional formal education. 19. At the time of the stroke, Mr. Martinez was working for XYZ Company as an operations manager. He began with XYZ Company in June 1989, as a clerk. He was promoted to assistant manager, manager, regional market manager and finally operations manager. As operations manager, he was responsible for over one hundred in Texas, Oklahoma, Kansas, and Missouri. He reported that he worked sixty hours per week, five days per week. At the time of 18 Laura Martinez Deposition, May 10, 2011, page 93 5

6 Vocational Assessment for Carlos Martinez August 10, 2011 Page 5 of 10 the stroke, Mr. Martinez had an annual base salary and bonus pay in excess of $100,000.00, and also a car allowance and bonuses based on the performance of the stores in his territory. 20. Prior to working for XYZ Company, Mr. Martinez indicated that he worked for three to four years as a route salesman and district manager for Nehi soda in Austin, Texas. He worked for Coca Cola as a salesman and district manager in Bryan, Texas for one to two years. Mr. Martinez worked for 7-Up in San Antonio, Texas as a truck driver, salesman and district manager until they were sold to Nehi and he was laid off. He then went to work for an independent 7-Up owner and worked for approximately one year as the operations manager. He was unable to recall dates of employment for these jobs. 21. Currently, Mr. Martinez is volunteering for four hours per day, two days per week for the American Heart Association. His duties include answering the telephone, stuffing envelopes and other office activities. Mrs. Martinez reported that it took Mr. Martinez two to three months to learn the telephone extensions of the staff at the American Heart Association. There are approximately eight employees and he used to put calls through to the wrong extension. The American Heart Association was very supportive and accommodating and gave him the time to learn the extensions. 22. Mr. Martinez also volunteers one day per week for three hours at Family Home Shelter. Family Home Shelter coordinates and provides programs for battered women. There is only one person in the office and Mr. Martinez assists her with activities such as filing, stuffing envelopes and other office tasks. 23. On April 12, 2011, Mark Brown, MD, who is board certified in internal medicine, 19 stated Mr. Martinez is unable to do any continuous work of any sort that would require the use of his short term memory and any continuous concentration. He states that Mr. Martinez is unable to write or speak fluently. Dr. Brown further indicated that Mr. Martinez is restricted from any climbing, operating heavy machinery and lifting above twenty one pounds. Dr. Brown further certified that Mr. Martinez continues to be unable to work and that his condition will not improve Vocational Analysis: According to Best Practices Principles, a vocational evaluator should utilize a variety of methods, tools and approaches to provide accurate vocational evaluations and assessments. 21 Vocational assessments focus on the injured person s interests, aptitudes and physical capabilities along with their established work history. 22 A vocational evaluation may be defined as a process to predict or estimate work behaviors and vocational potential through the use of various tests, techniques and procedures. Tests designed to measure the worker s personality, achievement, intelligence level, vocational aptitude and vocational interests are widely used for diagnostic purposes with injured workers and are invaluable in assessing the feasibility for employment of an injured worker. (Rubin & Roessler, 1987; Power 2000) Website: 20 Unum Disability Status Update, April 11, CCWAVE Code of Ethics 22 Weed, R. (2004). Life Care Planning and Case Management Handbook, 2nd Edition CRC Press, page Weed, R. & Field, T. (2001) Rehabilitation Consultant s, Revised Edition. Athens, GA: Elliot & Fitzpatrick, Inc. 6

7 Vocational Assessment for Carlos Martinez August 10, 2011 Page 6 of Prior to the interview, I mailed Mr. Martinez the vocational interest and work values tests with written instructions for completing them. He had difficulty completing the tests and called for additional instructions. Once he was given step by step instructions, he was able to complete the untimed activities. During the clinical interview, Mr. Martinez indicated that he did have some difficulty but did the best he could. The following are his results: The Career Occupational Preference System (COPS) The test is an indicator of an individual s interests. Mr. Martinez scored the above the average interest in the following categories. Science- Skilled: Examples of these types of occupations include coroner, dental assistant, dental hygienist, electrocardiograph technician, laboratory assistant, medical assistant, medical technologist, radiation therapy technician, surgical technician, ultrasound technologist, x-ray technician, laboratory tester, land survey technician, mechanical inspector, meter reader, pest controller, pharmacy assistant, quality control coordinator and water treatment plant operator. Consumer Economics: Examples of these types of occupations might include baker, bakery worker, butcher, candy maker, chef, cook, dietitian, food assembler, food service supervisor, inspector, kitchen helper, cafeteria manager, tobacco blender, carpet layer, dry cleaner, embosser, furniture upholsterer, luggage maker, mattress maker, pattern marker, sewing machine operator, tailor and weaver. Outdoor: Examples of these types of occupations might include animal keeper, animal breeder, farmer, flower grower, horse trainer, farm manager, nursery manager, poultry farmer, soil conservationist, tobacco grower, park worker, veterinary assistant, fish and game warden, forester, forest fire fighter, groundskeeper, lawn service worker, miner and wildlife worker. Business- Professional: Examples of these types of occupations include accountant, auditor, budget analyst, computer systems analyst, controller, credit analyst, estate planner, market research analyst, school administrator, bank manager, contract administrator, hospital administrator, job analyst, lawyer, city manager, hotel manager, sales manager, store manager, police commissioner, postmaster, property manager and urban planner. Business- Skilled: Examples of these types of occupations might include sales, promotion and marketing such as accountant, bonding agent, claims adjuster, loan officer, purchasing agent, administrative assistant, automotive service adviser, customer service representative, fund raiser, department manager, real estate agent, insurance sales agent, securities trader and stockbroker. Clerical: Examples of these types of occupations might include admitting officer, bill collector care rental clerk, cashier, counter clerk, credit clerk, dispatcher, hotel clerk, information clerk, receptionist, teller, ticket agent, toll collector, accounting clerk, collection clerk, file clerk, parts clerk, and shipping and receiving clerk. Communication: Examples of these types of occupations might include archivist, copywriter, book editor, news editor, library assistant, media specialist, paralegal assistant, reporter, and story editor. page 55. 7

8 Vocational Assessment for Carlos Martinez August 10, 2011 Page 7 of 10 Service Professional: Examples of these types of occupations might include coach, instructor, occupational therapist, recreational therapist, teacher adult education, art therapist, caseworker, dentist, nurse, physical therapist, physician, police chief, psychiatrist, social worker or substance abuse counselor. Service Skilled: Examples of these types of occupations might include bar tender, checkroom attendant, cosmetologist, counter attendant, day care worker, deliverer, fund raiser, hair stylist, laundry attendant, personal attendant, pet shop attendant, ticker taker, travel agent, ambulance driver, companion, nurse aide, teacher aide, chauffeur, parking lot attendant service station attendant and taxi driver. Work Values Assessment The Career Orientation Placement and Evaluation Survey- COPES The COPES is an assessment that measures personal values. It measures those value constructs which have been repeatedly demonstrated through research to reflect major dimensions representing the vocational motivation in the values domain. The following are Mr. Martinez preferences for work values. Investigative: This person values clear cut activities in which they see the concrete results of their work and do not need to solve many complex problems. Carefree: This type of person values work act ivies where they can be carefree and use their imagination. Independence: This type of person values activities in which they are relatively free of rules and are not restricted by social obligations. Leadership: This type of person needs to be seen as important and usually take positions of leadership. They make decisions, direct others and speak for a group. Flexible: This type of person values activities n which they can take things as they come and do note need to keep things orderly. Privacy: This type of person prefers to keep activities private and is not concerned with being considered a famous person. Realistic: This type of person values activities in which they do not rely on aesthetic senses and are not involved with appreciation or artistic qualities. Social: This type of person likes working with people in a friendly situation and likes to help others and work as a team player. 26. Data from Mr. Martinez previous employment, education and current physical restrictions was used to complete a Transferable Skills Analysis (TSA) to determine what jobs he might be capable of performing. (See Attachment 3) Mr. Martinez has not completed a functional capacity evaluation to determine his limitations/restrictions. The physical limitations used were those noted by Dr. Brown on April 5, Additional limitations have been adjusted 8

9 Vocational Assessment for Carlos Martinez August 10, 2011 Page 8 of 10 based on Mr. Martinez presentation during the clinical interview. See Attachment 3 for further details regarding the TSA. 27. This TSA was performed through SkillTRAN software an Internet-Based Service. In preparing the TSA, I also relied on the print and online versions of the Dictionary of Occupational Titles, 24 Classification of Jobs 2000, 25 The Transitional Classification of Jobs, 26 and the Guide for Occupational Exploration SkillTRAN has the capability of comparing thousands of occupations to the current profile of an individual. The results for Mr. Martinez indicated there were twelve directly transferable jobs that he would have transferable skills to perform. The TSA indicated there were no closely related jobs. Directly Transferable Occupations are those which share at least one of the 3-digit work fields as known from the past work history and which have at least one of the same 3-digit MPSMS codes from any of the jobs performed in the past. Directly transferable occupations have primary job duties which are very similar to past work and little or no learning of job duties would be anticipated in a new occupation. 28 The following are the twelve directly transferable jobs that were listed for Mr. Martinez. DOT Code Job Title Manager, Computer Manager, Branch Manager, Customer Technical Service Vice President Association Executive Manager, Industrial Organization Manager, Hotel or Motel Manager, Department Preventive Maintenance Coordinator Management Trainee Fund Raiser I These directly transferable jobs would not be appropriate for Mr. Martinez due to his residual cognitive and physical limitations. These positions are highly skilled and skilled positions which require high level cognitive skills such as planning, organization, concentration and attentions well as the ability to manage or supervise others. At this time, Mr. Martinez is unable to perform those types of duties. 24 Website: Dictionary of Occupational Titles, originally published by the U. S. Department of Labor and Employment and Training Administration 1991, Volume II, Fourth Edition, Revised 1992, 25 Janet E. Field and Timothy F. Field, COJ 2000 with an O*NET 98 Crosswalk, (Elliott and Fitzpatrick, 1995) 26 Janet E. Field and Timothy F. Field, The Transitional Classification of Jobs, 6 th Edition (Elliott and Fitzpatrick, 2004) 27 The Complete Guide for Occupational Exploration, 1993 Ed. J. Michael Farr (JIST Works, Inc.) 28 SkillTRAN Transferable Skills Analysis Report for Carlos Martinez, August 9, ibid 9

10 Vocational Assessment for Carlos Martinez August 10, 2011 Page 9 of The TSA identified no closely related occupations but did identity forty-four generally transferable occupations. Generally Transferable Occupations are those which share at least one of the 2-digit work fields from the past work history and which involve at least one of the 2-digit MPSMS codes from the past. Two digit coding clusters occupations into generally related groups which may not share the same specific skills as developed in the past. Generally transferable occupations do not include directly or closely transferable titles. Some learning of essential job duties is quite likely to be necessary. 30 The following are examples of the generally transferable occupations. DOT Code Job Title Field Representative Sales Representative, Dairy Supplies Sales Representative, Hotel & Rest Financial-Aid Counselor Sales Agent, Financial-Report Service Sales Representative, Franchise Sales Representative, Printing Sales Representative, Home Furnish Sales Representative, Automotive Purchasing Agent These generally transferable occupations would also not be appropriate for Mr. Martinez. Again these positions are highly skilled or skilled jobs that require advance cognitive skills such as planning, organization, memory, communication skills and attention and concentration. For these reasons, none of the transferable positions would be appropriate for Mr. Martinez. 32. Conclusion Mr. Martinez has suffered a stroke. As a result of the stroke he has residual physical, cognitive and emotional deficits. These deficits are so severe that Dr. Brown has indicated Mr. Martinez is unable to do any type of work and that this will not change. The TSA performed also did not identify any appropriate occupations that Mr. Martinez would be able to perform based on his residual deficits. 33. Although Mr. Martinez has been able to perform volunteer work in a sheltered environment, he is under no stress or pressure to produce any specific amount of work. These environments are very supportive and accommodating of his deficits and any mistakes. They are not representative of a competitive employment environment. 34. It is my opinion based on the information reviewed, physician statements, the TSA, Social Security Disability Insurance and long term disability findings and the clinical interview that Mr. Martinez would be unable to work in a competitive employment environment. His 30 ibid 31 ibid 10

11 Vocational Assessment for Carlos Martinez August 10, 2011 Page 10 of 10 cognitive deficits, physical deficits and fatigue would prevent him from obtaining and retaining work and therefore, he has no residual earning capacity at this time. For the Firm, CARLOS MARTINEZ Kacy L. Turner, M.S., CRC, CVE, CLCP 11

12 Attachment 1 12

13 KACY L. TURNER, MS, CRC, CVE, CLCP EDUCATION/CERTIFICATIONS University of Florida, Gainesville, FL Certificate in Life Care Planning West Virginia University, Morgantown, WV Master of Science in Rehabilitation Counseling with specialization in Vocational Evaluation Bachelor of Science in Recreation and Parks Management with specialization in Therapeutic Recreation Certified Rehabilitation Counselor, , 1990-Present Certified Vocational Evaluator, , 1991-Present Certified Life Care Planner, 1013, 2009-Present PROFESSIONAL EXPERIENCE RESEARCH AND PLANNING CONSULTANTS, Dallas, TX Consulting Associate (June Present) Provide vocational expert analysis/reports/testimony Provide life care planning services/testimony. PATE REHABILITATION, Dallas, TX Case Manager (June 1, June 30, 2010) Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs. Secured precertification from various insurance companies, Workers Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources. Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training. GENTIVA REHAB WITHOUT WALLS, Irving, TX Clinical Coordinator (July July 2009) Case management duties for in-home multidisciplinary neurorehabilitation for patients with traumatic brain injuries, spinal cord injuries and other neurological disorders. Coordinated team of therapists, physician and outside case managers and referral sources and requested continuing pre authorization of services. Research & Planning Consultants, L.P. 505 East Huntland Drive, Suite 270 Austin, Texas Phone: Fax:

14 KACY L. TURNER, MS, CRC, CVE, CLCP Assisted with community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission as well as outpatient therapies and Social Security as needed. Vocational counseling for return to work. NEW BEGINNINGS VOCATIONAL REHAB SERVICES, INC., Allen, TX Self-Employed Vocational Consultant (June 2002 June 2010) Contract medical and vocational case management services for Workers Compensation, Longshore, Long Term Disability and Disability Insurance clients. Provided transferable skills analysis, job-seeking skills training, resume writing, job accommodations and counseling services. Assisted with community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission as well as outpatient physical therapy, pain management, functional capacities evaluations and work hardening as needed. Provided comprehensive vocational evaluations and vocational assessments. Contract vocational rehabilitation counselor for Union Pacific Railroad. SANTE REHABILITATION, Irving, TX Case Manager/IR Program Coordinator (March 2005 February 2006) Responsible for case management process of work hardening, work conditioning and pain management clients. Coordinate Industrial Rehabilitation program between five CARF- and JCAHO-accredited sites. Provided vocational counseling and guidance with emphasis on return to work. MEDINSIGHTS, Houston, TX Vocational Consultant (January August 2005) Responsible for vocational case management of Workers Compensation clients. Provided transferable skills analysis, job seeking skills training, resume writing, vocational evaluation and counseling. Assisted with community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission as well as outpatient physical therapy, functional capacities evaluations, and work hardening as needed. RESOURCE OPPORTUNITIES, INC., Dallas, TX District Manager (April December 2001) Responsible for North Texas territory and supervision of seven staff employees. Marketing in North/East Texas. Completed hiring, training, termination and performance reviews. Tracked monthly revenue and billing. Responsible for accounts receivable and collections. Provided vocational case management. Page 2 of 4 March 16,

15 KACY L. TURNER, MS, CRC, CVE, CLCP Vocational Case Manager Developed caseload for vocational case management in North/East Texas territory. Provided initial assessments, vocational evaluations/testing, resume development, job placement and community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission. Marketing of vocational services including vocational seminar for adjusters with adjuster license credit. PATE REHABILITATION, Dallas, TX Case Manager (May April 2000) Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs. Secured precertification from various insurance companies, Workers Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources. Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training. SELF-EMPLOYED, Dallas, TX Vocational Consultant (March May 1999) Contracted as vocational consultant providing assessments for individual clients for Dr. Jack G. Dial, licensed psychologist. Testing included McCarron-Dial System, aptitude, academic, achievement, physical capacity and interest inventories. BLUE RIDGE REHABILITATION SERVICES, Martinsburg, WV Vocational Case Manager/Vocational Evaluator (August February 1999) Contracted as Day Program Coordinator for Learning Services Corp. Responsible for designing and implementing a day program curriculum for adult population with brain injuries. This program encompassed daily living skills, cognitive stimulation, social skills training, awareness of disability, time/money/home management, recreation/leisure skills, community reentry, and vocational assessment and placement. The day program included residential clients as well as outpatient clients from the surrounding community. Responsible for marketing of company for expansion in Richmond, Virginia, and evaluation of Workers Compensation clients to determine potential for return to work, vocational training, transferable skills and lost wages. Page 3 of 4 March 16,

16 KACY L. TURNER, MS, CRC, CVE, CLCP VIRGINIA DEPARTMENT FOR THE VISUALLY HANDICAPPED, Richmond, VA Rehabilitation Vocational Evaluator, Virginia Rehabilitation Center for the Blind (August July 1998) Managed and coordinated a caseload of blind/visually impaired clients. Counseled clients on personal adjustment, reasonable accommodation, job-related issues and personal concerns. Organized and coordinated client staffings with other personnel to report progress and final recommendations. Referred clients to community services and programs when necessary. Administered individual aptitude, interest and physical capacity tests to assess clients vocational potential. Completed transferable skills analysis when appropriate. Assessed clients communication skills in order to accommodate their needs during the evaluation process. Provided recommendations regarding vocational potential and potential for college or vocational training. Organized, developed and taught job readiness class including job-seeking skills, resume writing and mock interviews. AFFILIATIONS International Association of Rehabilitation Professionals (IARP) International Association of Life Care Planners (IALCP) Texas Association of Rehabilitation Professionals and Providers of Services (TARPPS) Secretary Vocational Evaluation and Career Assessment Professionals (VECAP) PRESENTATIONS Texas Association of Rehabilitation Professionals and Providers of Services Labor Market Surveys, May 14, 2004 Alternative Rehabilitation Specialization Areas-Vocational Evaluation, June 6, 2006 Page 4 of 4 March 16,

17 Attachment 2 17

18 Brown, Mark, MD. Disability Status Update. April 12, pages Commission on Rehabilitation Counselor Certification (CRCC). Code of Professional Ethics for Vocational Evaluation Specialists, Work Adjustment Specialists, and Career Assessment Associates. Effective January 1, 2008 and Adopted April 2009 by the CRCC. 31 pages Depositions. Laura Martinez. May 4, pages. Carlos Martinez. May 4, pages Employment Records:. XYZ Company, L.P., Dallas, Texas. All records pertaining to the employment of Carlos Martinez. May 7, pages Field, Janet E., M.A. and Timothy F. Field, Ph.D. The Classification of Jobs According to Worker Trait Factors. 3 rd Revision. Volume 1. The Classification of Jobs th Edition.. Life Care Plan Handbook. The Role of the Vocational Counselor in Life Care Planning. Page 39 Medical Information. Owens, Peter M., M.D. Southern Medical Center. Discharge Summary. August 22, pages. Discharge Summary. September 19, page. Discharge Summary. October 11, pages. Discharge Summary. October 4, pages. Progress Note. September 21, pages. Claimant s Supplemental Disability Statement. January 19, pages. Southern Medical Center. Medical and Healthcare Records from July 18, 2008 to June 10, pages. The Free Dictionary. Aphasia. Definition, Description, Causes and Symptoms, Key Terms. Downloaded August 11, pages. Arterial Embolism. Downloaded August 11, pages. Stroke. Downloaded August 11, pages. Dysphagia. Downloaded August 11, pages Medscape. Pacemakers and Implantable Cardioverter Defibrillators. Basic Concepts. Downloaded August 9, pages National Institute of Neurological Disorders and Stroke. Foot Drop Information. Description. Treatment. Prognosis. Downloaded August 9, pages 18

19 SkillTRAN, LLC. Work History Experience. August 9, pages Smithson, Robert V., Attorney at Law. Plaintiffs Notice of Videotape Deposition Duces Tecum. June 23, pages. Information about Carlos Martinez. 3 pages Tax Records. U.S. Individual Income Tax Return. Carlos Flores and Laura Flores February 7, pages February 10, pages March 11, pages April 14, pages April 7, pages July 18, pages September 7, pages April 12, pages Texas Medical Board. Public Verification/Physician Profile. Thomas R. Parker, MD. Downloaded August 9, pages Texas Medical Center. Austin, Texas. Abstract. NCBH3. 1 page. Speech Therapy Bedside Swallowing Evaluation. July 7, pages Turner, Kacy L., MS, CRC, CVE, CLCP, Research & Planning Consultants, LP, Certified Life Care Planner. Letter to Carlos Martinez re Meeting of July 29, page U.S. Department of Labor, Employment and Training Administration. Dictionary of Occupational Titles. Fourth Edition The Complete Guide for Occupational Exploration Edition. Bureau of Labor Statistics Data. Labor Force Statistics from the Current Population Survey. 55 year old men and over Downloaded August 8, pages WebMD. Deep Vein Thrombosis Health Center. Topic Overview. Description. Symptoms. Downloaded August 3, pages Weed, Roger O., Ph.D., CRC, LPC, CLCP, CCM, CDMS, FNRCA, FIALCP. Life Care Planning and Case Management Handbook. Second Edition.. Rehabilitation Consultant s Handbook. Revised Edition IV. Vocational Assessment. Page 55 Wikipedia. Atrial fibrillation. Definition. Signs and Symptoms. Downloaded August 9, pages 19

20 Attachment 3 20