Preview
FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------------X Index No.: 504273/2017
ROBERT ZABORSKI,
Plaintiff, EXPERT WITNESS
SUPPLEMENTAL
-against- EXCHANGE
PURSUANT TO CPLR 3101(d)
MB LORIMER LLC and CORNERSTONE
BUILDERS NY LLC,
Defendants.
-------------------------------------------------------------------------X
CORNERSTONE BUILDERS NY LLC,
Third-Party Plaintiff,
-against-
NEW YORK BUILDER OF STAIRS, INC.
Third-Party Defendants.
--------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that Plaintiff, ROBERT ZABORSKI, through his attorneys,
THE PLATTA LAW FIRM, PLLC, as for the expert witness supplemental disclosure pursuant to
CPLR §3101(d), states as follows:
1. Plaintiff hereby designates Daniel Wolstein, Ph.D., CRC, CLCP, PVE, CRV,
IPEC, ABVE/F, LRC, FVE, CVE as a life care, vocational rehabilitation and earning capacity
expert. The curriculum vitae of Dr. Dan Wolstein is attached hereto as Exhibit A.
THE SUBJECT MATTER OF TESTIMONY
2. The substance of facts and opinions that constitute grounds for Dr. Daniel Wolstein’s
opinions will be based upon his opinions and findings compiled during the interview with Plaintiff
DARIUSZ KARWOWSKI, and review of various pleadings and discovery responses, EBT
transcripts, medical records, and evidence presented at trial including testimony and exhibits.
THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927 • NEW YORK, NY 10004 • PHONE: 212-514-5100, FAX: 212-514-9300
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Copies of the reports prepared by Dr. Daniel Wolstein’s are attached hereto as Exhibit B. They
further lay out the substance of Dr. Daniel Wolstein’s testimony.
3. Dr. Dan Wolstein is also expected to rely on the testimony of plaintiff’s physicians
and defendants’ expert witnesses.
SUBSTANCE OF FACTS AND GROUNDS OF OPINIONS
4. Further, Dr. Daniel Wolstein is expected to testify concerning the natural flowing
sequel of the injuries, notes, reports, memorandum, records and submissions, and prognosis for
plaintiff. Dr. Daniel Wolstein is further expected to testify as to the need for a life care plan and
fees/expenses that may have been incurred by plaintiff in the past and the fees/expenses that will
be incurred in the future regarding medical treatment she may need to undergo.
5. Dr. Daniel Wolstein is expected to testify concerning some or all of the following
as an expert in the field of life care planning: the nature of Plaintiff’s injuries; his prognosis; level
of disability/employability; activities of daily living; current physical limitations; his need for a
life care plan; the nature and cost of past and future medical treatment and home care expenses
based in inter alia, his physicians’ recommendations.
6. Dr. Wolstein is expected to testify concerning some or all of the following as an
expert in the field of Vocational Evaluation: Plaintiff’s employment and medical history, physical
limitations, level of disability and, his past and future employability and earning capacity.
7. Dr. Daniel Wolstein is further expected to opine as to plaintiff’s current physical
limitations, his home and daily activities, his medical history, current treatment, and the
recommendations for future treatment from his treating physicians. Dr. Daniel Wolstein is also
expected to testify as to his overall knowledge and experience with developing life care plans. Dr.
THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927 • NEW YORK, NY 10004 • PHONE: 212-514-5100, FAX: 212-514-9300
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Daniel Wolstein may also be called as a rebuttal witness to refute the testimony of defendants’
experts herein.
8. Dr. Daniel Wolstein’s reports further lay out the substance of Dr. Daniel Wolstein’s
opinions and the grounds for his opinions.
PLEASE TAKE FURTHER NOTICE, that plaintiff reserves the right to supplement and
amend his disclosure up to and including the time of trial.
Dated: New York, New York
December 23, 2022
THE PLATTA LAW FIRM, PLLC
Howard Frederick
By: Howard G. Frederick
Attorneys for Plaintiff(s)
42 Broadway, Suite 1927
New York, New York 10004
212-514-5100
TO:
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendant/Third-Party Plaintiff
CORNERSTONE BUILDERS NY LLC
7 Skyline Dr
Hawthorne, NY 10532
PILLINGER MILLER TARALLO, LLP
Attorneys for Third-Party Defendant
NEW YORK BUILDERS OF STAIRS, INC.
232 Madison Avenue, Suite 909
New York, NY 10016
THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927 • NEW YORK, NY 10004 • PHONE: 212-514-5100, FAX: 212-514-9300
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EXHIBIT “A”
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Daniel Wolstein, PhD, CRC, CLCP, PVE, CRV, IPEC,
ABVE/F, LRC, FVE, CVE
One University Plaza, Suite 302 ▪ Hackensack, New Jersey ▪ 201-343-0700
Dan@KincaidVocational.Com
Profile
▪ Rehabilitation Needs ▪ Wage Data Knowledge
▪ Vocational Evaluation ▪ National/State Wage Research
▪ Labor Market Analysis ▪ Vocational Rehabilitation
▪ Employability Assessments ▪ Assistive Technologies
▪ Social Security Vocational Expert ▪ Career Counseling
▪ Job Search Activities ▪ Test Administration and Analysis
▪ Life Care Plans ▪ Medical Cost Projections
Experience:
➢ Principal, Kincaid Wolstein Vocational and Rehabilitation Services, 2006- Present
Vocational Counselor and Consultant Evaluator
▪ Composing labor market surveys and job analysis reports for company
▪ Performing transferable skills analyses
▪ Vocational evaluation and assessment
▪ Career counseling needs including all aspects of the job search process
▪ Assessing vocational history, educational history, past earnings and medical history for
vocational reports
▪ Life care planning
▪ Counseling consumers in the evaluation, planning and treatment processes of
rehabilitation counseling
▪ Diagnostic interviews for career counseling, personal injury and matrimonial cases
▪ Researching assistive technologies
▪ Assessing rehabilitation needs
▪ Administering and interpreting a wide range of assessments and instruments
Education
▪ East Carolina University, Graduate School
Doctoral degree in Rehabilitation Counseling and Administration, 2014
▪ Rutgers University (formerly UMDNJ)
Master’s in Rehabilitation Counseling, 2010
▪ Ramapo College of New Jersey
Bachelor of Arts. Major: Psychology, 2008
Revised 06/29/2021
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Affiliations and Credentials
▪ Certified Rehabilitation Counselor since March 2010
▪ Professional Vocational Evaluator since February 2015
▪ Certified Life Care Planner since March 2015
▪ Certified Rehabilitation Vocationologist since April 2015
▪ International Psychometric Evaluation Certification since May 2015
▪ Holds Memberships at professional associations
o International Association of Rehabilitation Counselors
o American Board of Vocational Experts
▪ Licensed Rehabilitation Counselor since February 2017
▪ Director-at-Large: IPEC Test Committee Chair (American Board of Vocational
Experts; 2017-2018 term)
▪ IPEC Test Committee Member (American Board of Vocational Experts (2018-Present)
▪ IPEC Application Reviewer (2018-Present)
▪ Treasurer (American Board of Vocational Experts; 2018-2020 term)
▪ Forensic Vocational Expert (November 2020)
▪ Certified Vocational Evaluator (November 2020)
▪ President-elect
o President-elect term: 2021-2023
o President term: 2023-2025
o Past president: 2025-2026
Presentations and Research
▪ National Organization of Social Security Claimant Representatives: (June 2021)
▪ CRCC: Panel to reinstitute Certified Vocational Evaluator credential (November 2020)
▪ ABVE: Knowledge Enhancement Seminar
o August 2020, March 2021
▪ Trial Techniques: New Jersey Association for Justice (August 2020)
▪ Lecture for Georgia Rehabilitation Association (Metro Atlanta Chapter): July 2020
▪ Lecture for Social Security Administration with Jeff Truthan: November 2019
▪ Lecture at IARP with Jeff Truthan on sedentary unskilled occupations: November 2019
▪ Panel Presentation Rutgers School of Health-Related Professions:
o January 2019, January 2020
▪ Class Lecture at Rutgers School of Health-Related Professions:
o March 2019, January 2020, March 2021
▪ National Organization of Social Security Claimant Representatives: April 2018
o Presented with Jeff Truthan on research efforts for 137 sedentary unskilled jobs
▪ Colorado State Bar (Denver, Colorado): 2017
o Presented on Surveillance-system Monitor Research
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▪ Lecture on Vocational Forensics: Ramapo College, 2015, 2016, 2017
▪ Published in the Journal of Forensic Vocational Analysis (Winter 2016 issue)
o Surveillance System Monitors in the Work Force (April 2017)
▪ National Council on Rehabilitation Education (NCRE) 2012 Conference on
Organizational Reengineering for State Vocational Agencies
▪ Published in the Journal of Applied Rehabilitation Counseling in 2010 under Dr. Mark
Chae
o Worked on extra-curricular research with Dr. Mark Chae
o Presented publication at Winter Conference hosted at Columbia University
▪ Composed a curriculum for a skills group for job seekers at DVR
▪ 1st Annual Research Day at the University of Medicine and Dentistry of New Jersey
o Presentation based on the skills group held at the Division of Vocational
Rehabilitation
Clinical Experience, Internships, and Practicums
▪ Office of Workers Compensation from 2015 - Present
▪ Volunteer Clinician at Jewish Vocational Services from 2014 – Present
o Returning individuals with disabilities to work
o Duties include job placement, job searching, career counseling, resume writing,
interviewing skills, and general job counseling
▪ Provided clinical services at East Carolina University’s Navigate Clinic in 2012
▪ Completed 100-hour Practicum at Vocational Rehabilitation at Vidant Health Center
▪ Completed 600-hour internship at the Division of Vocational Rehabilitation, NJ
o Composed a curriculum for a skills group based on the Boston University
Approach
▪ Completed 100-hour practicum at the Division of Vocational Rehabilitation, NJ
o Worked with individuals to develop rehabilitation plan and return to work
Additional
▪ Chair of the ABVE Conference Committee (2021-2023)
o Coordinating agenda and speaker presentations, and leading the committee
▪ Presidential Citation from ABVE President Dr. Scott Whitmer (2019)
o Surveillance System Monitor article and assistance on IPEC credential
▪ Beta tester for SkillTran Online Transferable Skills Analysis Program (2018)
▪ Developed website for the Vocational Rehabilitation Counseling Coalition (2017)
▪ Social Security Vocational Expert (2015-2019)
▪ Forensic Vocational Rehabilitation Course: Orientation to Forensic Rehabilitation
Consultation at the University of Florida (2015)
▪ Assisted with implementation of the IPEC through peer application review
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▪ Courses Taught: REHB 3000 Introduction to Rehabilitation at East Carolina University
▪ Courses Assisted: ADRE 5100 Occupational Analysis and Career Counseling
▪ Invited Reviewer (2014). Article for the Vocational Evaluation and Career Assessment
Professionals Journal
▪ Assisted in CACREP Accreditation Implementation of Program Evaluation Standards
for East Carolina University
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EXHIBIT “B”
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LIFE CARE PLAN
PREPARED BY: Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza ~ Suite 302
Hackensack, New Jersey 07601
Phone: (201) 343-0700
Fax: (201) 343-0757
PREPARED FOR: Brandon Cotter, Esquire
The Platta Law Firm, PLLC
42 Broadway, Suite 1927
New York, New York 10004
Phone: (212) 514-5100
REGARDING: Robert Zaborski
DATE OF BIRTH:
REPORT DATE: October 7, 2020
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Zaborski, Robert 2
TABLE OF CONTENTS
CERTIFICATION............................................................................................................. 3
DISCLOSURE................................................................................................................. 3
METHODOLOGY............................................................................................................ 3
INTRODUCTION............................................................................................................. 4
BACKGROUND INFORMATION..................................................................................... 5
INTERVIEW .................................................................................................................... 6
LEGAL EXHIBITS AND DOCUMENTS REVIEWED....................................................... 6
MEDICAL RECORDS REVIEWED ................................................................................. 6
MEDICAL HISTORY SUMMARY .................................................................................... 7
SURGERY / PROCEDURE TIMELINE ......................................................................... 12
PERTINENT MEDICAL HISTORY ................................................................................ 12
CURRENT PHYSICAL LIMITATIONS........................................................................... 13
HOME / DAILY ACTIVITIES.......................................................................................... 13
CURRENT MEDICATIONS........................................................................................... 14
TREATING PROVIDERS .............................................................................................. 14
MEDICAL TEAM / PROVIDER COMMENTS................................................................ 14
LIFE EXPECTANCY ..................................................................................................... 16
CONCLUSIONS ............................................................................................................ 16
APPENDIX A: LIFE CARE COST PROJECTIONS ....................................................... 18
APPENDIX B: RESOURCES ........................................................................................ 33
Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza, Suite 302, Hackensack, New Jersey 07601
www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757
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CERTIFICATION
This is to certify that I am not related to any of the parties to the subject action, nor do I
have any present or intended financial interest in the outcome of this case beyond the
fees due for professional services rendered in connection with this report and possible
subsequent services. Further, I certify that my professional fees are not contingent
upon the resultant financial awarding of this matter but are based on the time expended
on the services provided to counsel in connection with the subject action.
This is to further certify that all assumptions, methodologies, and calculations utilized in
this evaluation and assessment report are based on current knowledge and methods
applied in the determination of future medical needs and associated costs to within a
reasonable degree of life care planning certainty.
DISCLOSURE
Mr. Zaborski was advised about the purpose of the evaluation. He was advised that the
evaluation was being conducted within the parameters of litigation and that any
information obtained during the evaluation was not confidential.
In addition, Mr. Zaborski was advised that this was a one-time evaluation, forensic in
nature, and that no client-counselor relationship exists or was implied; that no direct
rehabilitation services would be provided to him by this office; and that an unbiased,
objective evaluation of his future medical needs and their associated costs was the only
purpose of this interview.
He was also advised that Kincaid Wolstein Vocational and Rehabilitation Services
maintains confidentiality of all medical records. Once the case is resolved, corporate
policy is to destroy case records. Mr. Zaborski indicated understanding of these rules of
procedure and conduct and agreed to proceed.
METHODOLOGY
The cost figures contained in this plan are primarily based on national charge data from
three sources: the Optum National Fee Analyzer1, the Context4 Healthcare Medical
Fees2, and the Yale Wasserman Physicians’ Fee Reference3. Where applicable,
HCPCS© and CPT© coding was applied to the item, and national 50th and 75th
percentile charge data was assembled. This data was then modified by a geographic
adjustment factor (GAF) relevant to the location of the client.
1
Data used in the National Fee Analyzer (NFA) is collected by FAIR Health, Inc. FAIR Health licenses the data to many of its
insurance payer customers under the name FAIR Health RV Medical Module.
The NFA uses data that falls within a 12-month
period.The NFA 2020, used in this Life Care Plan, is based on data from 2019.
Costs arising from the NFA are provided in 2019
dollars.
2
Data used in the Context4 Healthcare 2020 Medical Fees in the United States (MFUS) is derived from the Federal Register
Medicare Physician Fee Schedule for the calendar year 2019.
The 2020 MFUS, used in this Life Care Plan, is based on data from
2019. Costs arising from the MFUS are provided in 2019 dollars.
3
Data used in the 2020 Physicians’ Fee Reference (PFR) is derived from the CMS Limited Data Set Standard Analytical Files for
the calendar year 2018.
Costs arising from the PFR are provided in 2018 dollars.
Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza, Suite 302, Hackensack, New Jersey 07601
www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757
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Costs derived from the Optum National Fee Analyzer (NFA) reflect actual provider
charge data collected from health insurance payers by FAIR Health, Inc. No “allowed
amounts” or “reimbursed amounts” are compiled into the data – it simply reflects what
providers charge for a given service. As FAIR Health, Inc. has collected this charge
data from many payers, and each payer has collected the data from its thousands of
providers, this resource is comprehensive.
Costs derived from the Context4 Healthcare Medical Fees in the United States (MFUS)
reflect “usual, customary, and reasonable fees” from over 400 million actual physician
charges. As with the data compiled by FAIR Health, Inc. no “allowed amounts” or
“reimbursed amounts” are compiled into the data. Again, it simply reflects what
providers charge for a given service. As this data is derived from millions of physician
charges, this resource is comprehensive.
Costs derived from the Physicians’ Fee Reference (PFR) reflect claims made to
Medicare in exchange for services rendered. While the previous two resources reflect
data from calendar year 2019, note that the 2020 PFR is based on data from calendar
year 2018. Having thoroughly evaluated the relative values of the three fee references,
it is observed that the costs designated by the PFR largely fall within the range of the
costs quoted by the NFA and the MFUS, and the costs that are not inside the range
often fall within a narrow margin. As such, this source is utilized as though costs were
synchronous with the other resources.
To further ensure the integrity of the data derived from the above-mentioned resources,
the data is averaged and supplied as a range as follows: the low end of the range
reflects an average of the GAF-adjusted 50th percentile charges across all three
resources; the high end of the range reflects an average of the GAF-adjusted 75th
percentile charges across all three resources. Note that by this methodology, data
based on the 2019 calendar year is averaged together with data from the 2018 calendar
year.
Unless otherwise indicated, all cost projections contained in this report are based on
three or more sources. Note that all cost projections are provided in present-day
dollars. Actuarial figures are to be determined by an economist.
INTRODUCTION
Mr. Zaborski is a 30-year-old Caucasian male referred for development of a Life Care
Plan. The purpose of this evaluation is to assess the extent to which disabling
conditions, as a result of a work-related accident on July 18, 2016, will impact his future
medical, educational, vocational, activities of daily living, and independent living needs.
The specific manner in which the resulting deficits impede Mr. Zaborski’s ability to
demonstrate independent living skills was assessed in this report. The assessments
Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza, Suite 302, Hackensack, New Jersey 07601
www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757
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and resulting recommendations focus on the costs, arising from his deficits, through his
life expectancy. These recommendations are contained in the following Life Care Plan.
A Life Care Plan is a dynamic document, based upon published standards of practice,
comprehensive assessment, data analysis, and research, that provides an organized
concise plan for current and future needs with associated costs, for individuals who
have experienced catastrophic injury or have chronic health care needs.4 This report is
based on the documents available for review at the time of issue, and should additional
information become available, I reserve the right to amend this plan.
The life care plan will assist in determining long-term needs, including a plan of care
with associated projected costs over Mr. Zaborski’s lifetime. The goal of the life care
plan is to assist in maintaining his medical stability and maintaining or increasing his
functional status and quality of life, in addition to assisting with the prevention of further
potential complications.
This consists of three sections: a narrative, tables, and a list of resources. The narrative
section will include a client interview, summarization of the available medical records,
life expectancy, and conclusions. The second section (Appendix A) is in table format
and provides the present and future projected care needs, costs, rationale, and
recommendations for care. The costs will be broken down into annual (recurring) and
one-time (non-recurring) costs. The final section (Appendix B) is a list of all resources
used throughout both the narrative and table sections.
BACKGROUND INFORMATION
Mr. Zaborski is a 30-year-old male born in Poland who immigrated to the United States
in 2014. He currently resides in Maspeth, New York. He is not married and he does not
have any children. He indicated that prior to injury, he enjoyed activities such as
swimming and exercising, which he states he is no longer able to perform at pre-injury
levels.
Mr. Zaborski reported that he graduated from a public high school in Poland in 2010.
He went on to obtain a college degree from a four-year university in Poland, with a
focus of study in logistics and transport. He possesses a valid Polish driver’s license.
He has not served in the military. No other training or education was noted.
At the time of injury, Mr. Zaborski was employed as a carpenter by NY Builders Stairs in
Maspeth, New York. He had been working in that capacity since 2015 and he has not
returned to work since the incident of July 18, 2016. Prior to that, he has experience as
a security guard in Poland for approximately nine years. No other vocational history
was reported.
4
Life Care Planning Standards of Practice, 3rd Ed.
International Association of Rehabilitation Professionals; International Academy
of Life Care Planners (2015).
Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza, Suite 302, Hackensack, New Jersey 07601
www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757
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INTERVIEW
Records and data regarding Mr. Zaborski were provided by The Platta Law Firm, PLLC
for review and use in evaluating his medical status and prognosis. He was interviewed
on March 6, 2020 at their offices, located in New York, New York. He was followed up
with via telephone on September 8, 2020 for updated information regarding his
treatment and medication regimens.
LEGAL EXHIBITS AND DOCUMENTS REVIEWED
None provided.
MEDICAL RECORDS REVIEWED
NY Med
*Aric Hausknecht, M.D.
Medical Records: 09/26/16, 11/07/16, 11/17/17
Electrodiagnostic Study: 09/26/16
Center for Cognition and Communication
*Jason Brown, M.D. and *Kim Busichio, Ph.D.
Neuropsychological Evaluations: 10/01/16, 01/15/19
Multiple Providers
Psychotherapy Notes: 10/04/16 – 05/22/18 (173 Notes)
*Jason Brown, M.D.
Response Letter: 01/17/19
Sniezyna Watras-Gans, Ph.D.
Psychotherapy Notes: 03/18/17, 04/25/17, 05/02/17, 05/10/17, 05/17/17,
05/24/17, 07/19/17, 07/26/17, 08/16/17, 08/23/17, 08/29/17, 09/06/17,
09/13/17, 09/27/17, 10/04/17, 10/18/17, 10/25/17, 11/22/17, 01/09/19
Andrew Merola, M.D.
Medical Records: 06/19/17, 08/28/17, 10/23/17, 001/22/18, 02/11/18,
03/12/18, 06/17/18
Anesthesiology and Pain Professional Practice
*Dariusz Nasiek, M.D.
Medical Records: 08/30/17, 09/27/17, 11/08/17, 12/13/17, 01/03/18,
01/31/18, 02/14/18, 02/28/18,
Procedure Notes: 09/27/17, 10/11/17, 11/08/17, 04/11/18, 04/25/18
Hackensack Surgery Center
*Dariusz Nasiek, M.D.
Operative Reports: 12/05/17, 01/02/18, 02/08/18, 02/20/18
Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza, Suite 302, Hackensack, New Jersey 07601
www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757
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Complete Care
*Aric Hausknecht, M.D.
Medical Records: 02/12/19, 05/17/19, 06/05/20
* Please note that an asterisk next to the name of a provider indicates that he or she
may be found in multiple locations throughout this medical summary.
MEDICAL HISTORY SUMMARY
The medical records reviewed for this evaluation indicate that Mr. Zaborski was involved
in a work-related accident on July 18, 2016. He was working when a metal pipe struck
his head; the records indicate he sustained a loss of consciousness along with injuries
to his head, neck, and right shoulder. A synopsis of the medical records is as follows:
09/26/16 Aric Hausknecht, M.D.: Neurologic Follow up
Impression:
1. Cervical derangement.
2. Thoracic derangement.
3. Right shoulder arthropathy.
4. Closed head trauma with postconcussion syndrome and mild traumatic brain
injury.
With a reasonable degree of medical certainty, his condition is causally related to
the work accident that occurred on 07/18/16.
He has a temporary total disability and I have advised him to restrict his activities.
Prognosis is guarded. He will be followed here for continued care.
09/26/16 Aric Hausknecht, M.D.: Electrodiagnostic Study
EMG/NCV upper: This electrodiagnostic study reveals bilateral median
neuropathy.
10/01/16 Jason Brown, M.D. and Kim Busichio, Ph.D.: Neuropsychological Evaluation
Summary and Diagnostic Impression:
… He also reported bodily pain, headaches, dizziness, numbness in his right
arm and hand, difficulty walking, balance problems, vision difficulty, along with
sleep disturbance. The test results demonstrate impairments/deficits in the
following neuropsychological functions:
Non-verbal learning and memory trials.
Complex visual memory.
Working memory.
Basic auditory attention.
Sustained visual attention and concentration.
Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza, Suite 302, Hackensack, New Jersey 07601
www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757
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Response inhibition.
Problem solving ability.
Motor skills.
Processing Speed.
Diagnostic Impression:
1. Traumatic brain injury.
2. Post-concussion syndrome.
3. Neuropsychological impairment, secondary to above.
Discussion and Recommendations:
It has been over 2 months since Mr. Zaborski’s traumatic brain injury, and
cognitive rehabilitation treatment is recommended.
11/07/16 Aric Hausknecht, M.D.: Neurologic Follow-up
The patient has significant neurocognitive and neuropsychological sequelae
related to his head trauma. His clinical presentation is sugg
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FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------X Index No.: 504273/2017 ROBERT ZABORSKI, Plaintiff, EXPERT WITNESS SUPPLEMENTAL -against- EXCHANGE PURSUANT TO CPLR 3101(d) MB LORIMER LLC and CORNERSTONE BUILDERS NY LLC, Defendants. -------------------------------------------------------------------------X CORNERSTONE BUILDERS NY LLC, Third-Party Plaintiff, -against- NEW YORK BUILDER OF STAIRS, INC. Third-Party Defendants. --------------------------------------------------------------------------X PLEASE TAKE NOTICE, that Plaintiff, ROBERT ZABORSKI, through his attorneys, THE PLATTA LAW FIRM, PLLC, as for the expert witness supplemental disclosure pursuant to CPLR §3101(d), states as follows: 1. Plaintiff hereby designates Daniel Wolstein, Ph.D., CRC, CLCP, PVE, CRV, IPEC, ABVE/F, LRC, FVE, CVE as a life care, vocational rehabilitation and earning capacity expert. The curriculum vitae of Dr. Dan Wolstein is attached hereto as Exhibit A. THE SUBJECT MATTER OF TESTIMONY 2. The substance of facts and opinions that constitute grounds for Dr. Daniel Wolstein’s opinions will be based upon his opinions and findings compiled during the interview with Plaintiff DARIUSZ KARWOWSKI, and review of various pleadings and discovery responses, EBT transcripts, medical records, and evidence presented at trial including testimony and exhibits. THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927 • NEW YORK, NY 10004 • PHONE: 212-514-5100, FAX: 212-514-9300 1 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Copies of the reports prepared by Dr. Daniel Wolstein’s are attached hereto as Exhibit B. They further lay out the substance of Dr. Daniel Wolstein’s testimony. 3. Dr. Dan Wolstein is also expected to rely on the testimony of plaintiff’s physicians and defendants’ expert witnesses. SUBSTANCE OF FACTS AND GROUNDS OF OPINIONS 4. Further, Dr. Daniel Wolstein is expected to testify concerning the natural flowing sequel of the injuries, notes, reports, memorandum, records and submissions, and prognosis for plaintiff. Dr. Daniel Wolstein is further expected to testify as to the need for a life care plan and fees/expenses that may have been incurred by plaintiff in the past and the fees/expenses that will be incurred in the future regarding medical treatment she may need to undergo. 5. Dr. Daniel Wolstein is expected to testify concerning some or all of the following as an expert in the field of life care planning: the nature of Plaintiff’s injuries; his prognosis; level of disability/employability; activities of daily living; current physical limitations; his need for a life care plan; the nature and cost of past and future medical treatment and home care expenses based in inter alia, his physicians’ recommendations. 6. Dr. Wolstein is expected to testify concerning some or all of the following as an expert in the field of Vocational Evaluation: Plaintiff’s employment and medical history, physical limitations, level of disability and, his past and future employability and earning capacity. 7. Dr. Daniel Wolstein is further expected to opine as to plaintiff’s current physical limitations, his home and daily activities, his medical history, current treatment, and the recommendations for future treatment from his treating physicians. Dr. Daniel Wolstein is also expected to testify as to his overall knowledge and experience with developing life care plans. Dr. THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927 • NEW YORK, NY 10004 • PHONE: 212-514-5100, FAX: 212-514-9300 2 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Daniel Wolstein may also be called as a rebuttal witness to refute the testimony of defendants’ experts herein. 8. Dr. Daniel Wolstein’s reports further lay out the substance of Dr. Daniel Wolstein’s opinions and the grounds for his opinions. PLEASE TAKE FURTHER NOTICE, that plaintiff reserves the right to supplement and amend his disclosure up to and including the time of trial. Dated: New York, New York December 23, 2022 THE PLATTA LAW FIRM, PLLC Howard Frederick By: Howard G. Frederick Attorneys for Plaintiff(s) 42 Broadway, Suite 1927 New York, New York 10004 212-514-5100 TO: TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant/Third-Party Plaintiff CORNERSTONE BUILDERS NY LLC 7 Skyline Dr Hawthorne, NY 10532 PILLINGER MILLER TARALLO, LLP Attorneys for Third-Party Defendant NEW YORK BUILDERS OF STAIRS, INC. 232 Madison Avenue, Suite 909 New York, NY 10016 THE PLATTA LAW FIRM, PLLC • 42 BROADWAY, SUITE 1927 • NEW YORK, NY 10004 • PHONE: 212-514-5100, FAX: 212-514-9300 3 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 EXHIBIT “A” 4 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Daniel Wolstein, PhD, CRC, CLCP, PVE, CRV, IPEC, ABVE/F, LRC, FVE, CVE One University Plaza, Suite 302 ▪ Hackensack, New Jersey ▪ 201-343-0700 Dan@KincaidVocational.Com Profile ▪ Rehabilitation Needs ▪ Wage Data Knowledge ▪ Vocational Evaluation ▪ National/State Wage Research ▪ Labor Market Analysis ▪ Vocational Rehabilitation ▪ Employability Assessments ▪ Assistive Technologies ▪ Social Security Vocational Expert ▪ Career Counseling ▪ Job Search Activities ▪ Test Administration and Analysis ▪ Life Care Plans ▪ Medical Cost Projections Experience: ➢ Principal, Kincaid Wolstein Vocational and Rehabilitation Services, 2006- Present Vocational Counselor and Consultant Evaluator ▪ Composing labor market surveys and job analysis reports for company ▪ Performing transferable skills analyses ▪ Vocational evaluation and assessment ▪ Career counseling needs including all aspects of the job search process ▪ Assessing vocational history, educational history, past earnings and medical history for vocational reports ▪ Life care planning ▪ Counseling consumers in the evaluation, planning and treatment processes of rehabilitation counseling ▪ Diagnostic interviews for career counseling, personal injury and matrimonial cases ▪ Researching assistive technologies ▪ Assessing rehabilitation needs ▪ Administering and interpreting a wide range of assessments and instruments Education ▪ East Carolina University, Graduate School Doctoral degree in Rehabilitation Counseling and Administration, 2014 ▪ Rutgers University (formerly UMDNJ) Master’s in Rehabilitation Counseling, 2010 ▪ Ramapo College of New Jersey Bachelor of Arts. Major: Psychology, 2008 Revised 06/29/2021 5 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Affiliations and Credentials ▪ Certified Rehabilitation Counselor since March 2010 ▪ Professional Vocational Evaluator since February 2015 ▪ Certified Life Care Planner since March 2015 ▪ Certified Rehabilitation Vocationologist since April 2015 ▪ International Psychometric Evaluation Certification since May 2015 ▪ Holds Memberships at professional associations o International Association of Rehabilitation Counselors o American Board of Vocational Experts ▪ Licensed Rehabilitation Counselor since February 2017 ▪ Director-at-Large: IPEC Test Committee Chair (American Board of Vocational Experts; 2017-2018 term) ▪ IPEC Test Committee Member (American Board of Vocational Experts (2018-Present) ▪ IPEC Application Reviewer (2018-Present) ▪ Treasurer (American Board of Vocational Experts; 2018-2020 term) ▪ Forensic Vocational Expert (November 2020) ▪ Certified Vocational Evaluator (November 2020) ▪ President-elect o President-elect term: 2021-2023 o President term: 2023-2025 o Past president: 2025-2026 Presentations and Research ▪ National Organization of Social Security Claimant Representatives: (June 2021) ▪ CRCC: Panel to reinstitute Certified Vocational Evaluator credential (November 2020) ▪ ABVE: Knowledge Enhancement Seminar o August 2020, March 2021 ▪ Trial Techniques: New Jersey Association for Justice (August 2020) ▪ Lecture for Georgia Rehabilitation Association (Metro Atlanta Chapter): July 2020 ▪ Lecture for Social Security Administration with Jeff Truthan: November 2019 ▪ Lecture at IARP with Jeff Truthan on sedentary unskilled occupations: November 2019 ▪ Panel Presentation Rutgers School of Health-Related Professions: o January 2019, January 2020 ▪ Class Lecture at Rutgers School of Health-Related Professions: o March 2019, January 2020, March 2021 ▪ National Organization of Social Security Claimant Representatives: April 2018 o Presented with Jeff Truthan on research efforts for 137 sedentary unskilled jobs ▪ Colorado State Bar (Denver, Colorado): 2017 o Presented on Surveillance-system Monitor Research Revised 06/29/2021 6 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 ▪ Lecture on Vocational Forensics: Ramapo College, 2015, 2016, 2017 ▪ Published in the Journal of Forensic Vocational Analysis (Winter 2016 issue) o Surveillance System Monitors in the Work Force (April 2017) ▪ National Council on Rehabilitation Education (NCRE) 2012 Conference on Organizational Reengineering for State Vocational Agencies ▪ Published in the Journal of Applied Rehabilitation Counseling in 2010 under Dr. Mark Chae o Worked on extra-curricular research with Dr. Mark Chae o Presented publication at Winter Conference hosted at Columbia University ▪ Composed a curriculum for a skills group for job seekers at DVR ▪ 1st Annual Research Day at the University of Medicine and Dentistry of New Jersey o Presentation based on the skills group held at the Division of Vocational Rehabilitation Clinical Experience, Internships, and Practicums ▪ Office of Workers Compensation from 2015 - Present ▪ Volunteer Clinician at Jewish Vocational Services from 2014 – Present o Returning individuals with disabilities to work o Duties include job placement, job searching, career counseling, resume writing, interviewing skills, and general job counseling ▪ Provided clinical services at East Carolina University’s Navigate Clinic in 2012 ▪ Completed 100-hour Practicum at Vocational Rehabilitation at Vidant Health Center ▪ Completed 600-hour internship at the Division of Vocational Rehabilitation, NJ o Composed a curriculum for a skills group based on the Boston University Approach ▪ Completed 100-hour practicum at the Division of Vocational Rehabilitation, NJ o Worked with individuals to develop rehabilitation plan and return to work Additional ▪ Chair of the ABVE Conference Committee (2021-2023) o Coordinating agenda and speaker presentations, and leading the committee ▪ Presidential Citation from ABVE President Dr. Scott Whitmer (2019) o Surveillance System Monitor article and assistance on IPEC credential ▪ Beta tester for SkillTran Online Transferable Skills Analysis Program (2018) ▪ Developed website for the Vocational Rehabilitation Counseling Coalition (2017) ▪ Social Security Vocational Expert (2015-2019) ▪ Forensic Vocational Rehabilitation Course: Orientation to Forensic Rehabilitation Consultation at the University of Florida (2015) ▪ Assisted with implementation of the IPEC through peer application review Revised 06/29/2021 7 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 ▪ Courses Taught: REHB 3000 Introduction to Rehabilitation at East Carolina University ▪ Courses Assisted: ADRE 5100 Occupational Analysis and Career Counseling ▪ Invited Reviewer (2014). Article for the Vocational Evaluation and Career Assessment Professionals Journal ▪ Assisted in CACREP Accreditation Implementation of Program Evaluation Standards for East Carolina University Revised 06/29/2021 8 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 EXHIBIT “B” 9 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 LIFE CARE PLAN PREPARED BY: Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza ~ Suite 302 Hackensack, New Jersey 07601 Phone: (201) 343-0700 Fax: (201) 343-0757 PREPARED FOR: Brandon Cotter, Esquire The Platta Law Firm, PLLC 42 Broadway, Suite 1927 New York, New York 10004 Phone: (212) 514-5100 REGARDING: Robert Zaborski DATE OF BIRTH: REPORT DATE: October 7, 2020 10 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Zaborski, Robert 2 TABLE OF CONTENTS CERTIFICATION............................................................................................................. 3 DISCLOSURE................................................................................................................. 3 METHODOLOGY............................................................................................................ 3 INTRODUCTION............................................................................................................. 4 BACKGROUND INFORMATION..................................................................................... 5 INTERVIEW .................................................................................................................... 6 LEGAL EXHIBITS AND DOCUMENTS REVIEWED....................................................... 6 MEDICAL RECORDS REVIEWED ................................................................................. 6 MEDICAL HISTORY SUMMARY .................................................................................... 7 SURGERY / PROCEDURE TIMELINE ......................................................................... 12 PERTINENT MEDICAL HISTORY ................................................................................ 12 CURRENT PHYSICAL LIMITATIONS........................................................................... 13 HOME / DAILY ACTIVITIES.......................................................................................... 13 CURRENT MEDICATIONS........................................................................................... 14 TREATING PROVIDERS .............................................................................................. 14 MEDICAL TEAM / PROVIDER COMMENTS................................................................ 14 LIFE EXPECTANCY ..................................................................................................... 16 CONCLUSIONS ............................................................................................................ 16 APPENDIX A: LIFE CARE COST PROJECTIONS ....................................................... 18 APPENDIX B: RESOURCES ........................................................................................ 33 Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza, Suite 302, Hackensack, New Jersey 07601 www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757 11 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Zaborski, Robert 3 CERTIFICATION This is to certify that I am not related to any of the parties to the subject action, nor do I have any present or intended financial interest in the outcome of this case beyond the fees due for professional services rendered in connection with this report and possible subsequent services. Further, I certify that my professional fees are not contingent upon the resultant financial awarding of this matter but are based on the time expended on the services provided to counsel in connection with the subject action. This is to further certify that all assumptions, methodologies, and calculations utilized in this evaluation and assessment report are based on current knowledge and methods applied in the determination of future medical needs and associated costs to within a reasonable degree of life care planning certainty. DISCLOSURE Mr. Zaborski was advised about the purpose of the evaluation. He was advised that the evaluation was being conducted within the parameters of litigation and that any information obtained during the evaluation was not confidential. In addition, Mr. Zaborski was advised that this was a one-time evaluation, forensic in nature, and that no client-counselor relationship exists or was implied; that no direct rehabilitation services would be provided to him by this office; and that an unbiased, objective evaluation of his future medical needs and their associated costs was the only purpose of this interview. He was also advised that Kincaid Wolstein Vocational and Rehabilitation Services maintains confidentiality of all medical records. Once the case is resolved, corporate policy is to destroy case records. Mr. Zaborski indicated understanding of these rules of procedure and conduct and agreed to proceed. METHODOLOGY The cost figures contained in this plan are primarily based on national charge data from three sources: the Optum National Fee Analyzer1, the Context4 Healthcare Medical Fees2, and the Yale Wasserman Physicians’ Fee Reference3. Where applicable, HCPCS© and CPT© coding was applied to the item, and national 50th and 75th percentile charge data was assembled. This data was then modified by a geographic adjustment factor (GAF) relevant to the location of the client. 1 Data used in the National Fee Analyzer (NFA) is collected by FAIR Health, Inc. FAIR Health licenses the data to many of its insurance payer customers under the name FAIR Health RV Medical Module. The NFA uses data that falls within a 12-month period.The NFA 2020, used in this Life Care Plan, is based on data from 2019. Costs arising from the NFA are provided in 2019 dollars. 2 Data used in the Context4 Healthcare 2020 Medical Fees in the United States (MFUS) is derived from the Federal Register Medicare Physician Fee Schedule for the calendar year 2019. The 2020 MFUS, used in this Life Care Plan, is based on data from 2019. Costs arising from the MFUS are provided in 2019 dollars. 3 Data used in the 2020 Physicians’ Fee Reference (PFR) is derived from the CMS Limited Data Set Standard Analytical Files for the calendar year 2018. Costs arising from the PFR are provided in 2018 dollars. Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza, Suite 302, Hackensack, New Jersey 07601 www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757 12 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Zaborski, Robert 4 Costs derived from the Optum National Fee Analyzer (NFA) reflect actual provider charge data collected from health insurance payers by FAIR Health, Inc. No “allowed amounts” or “reimbursed amounts” are compiled into the data – it simply reflects what providers charge for a given service. As FAIR Health, Inc. has collected this charge data from many payers, and each payer has collected the data from its thousands of providers, this resource is comprehensive. Costs derived from the Context4 Healthcare Medical Fees in the United States (MFUS) reflect “usual, customary, and reasonable fees” from over 400 million actual physician charges. As with the data compiled by FAIR Health, Inc. no “allowed amounts” or “reimbursed amounts” are compiled into the data. Again, it simply reflects what providers charge for a given service. As this data is derived from millions of physician charges, this resource is comprehensive. Costs derived from the Physicians’ Fee Reference (PFR) reflect claims made to Medicare in exchange for services rendered. While the previous two resources reflect data from calendar year 2019, note that the 2020 PFR is based on data from calendar year 2018. Having thoroughly evaluated the relative values of the three fee references, it is observed that the costs designated by the PFR largely fall within the range of the costs quoted by the NFA and the MFUS, and the costs that are not inside the range often fall within a narrow margin. As such, this source is utilized as though costs were synchronous with the other resources. To further ensure the integrity of the data derived from the above-mentioned resources, the data is averaged and supplied as a range as follows: the low end of the range reflects an average of the GAF-adjusted 50th percentile charges across all three resources; the high end of the range reflects an average of the GAF-adjusted 75th percentile charges across all three resources. Note that by this methodology, data based on the 2019 calendar year is averaged together with data from the 2018 calendar year. Unless otherwise indicated, all cost projections contained in this report are based on three or more sources. Note that all cost projections are provided in present-day dollars. Actuarial figures are to be determined by an economist. INTRODUCTION Mr. Zaborski is a 30-year-old Caucasian male referred for development of a Life Care Plan. The purpose of this evaluation is to assess the extent to which disabling conditions, as a result of a work-related accident on July 18, 2016, will impact his future medical, educational, vocational, activities of daily living, and independent living needs. The specific manner in which the resulting deficits impede Mr. Zaborski’s ability to demonstrate independent living skills was assessed in this report. The assessments Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza, Suite 302, Hackensack, New Jersey 07601 www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757 13 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Zaborski, Robert 5 and resulting recommendations focus on the costs, arising from his deficits, through his life expectancy. These recommendations are contained in the following Life Care Plan. A Life Care Plan is a dynamic document, based upon published standards of practice, comprehensive assessment, data analysis, and research, that provides an organized concise plan for current and future needs with associated costs, for individuals who have experienced catastrophic injury or have chronic health care needs.4 This report is based on the documents available for review at the time of issue, and should additional information become available, I reserve the right to amend this plan. The life care plan will assist in determining long-term needs, including a plan of care with associated projected costs over Mr. Zaborski’s lifetime. The goal of the life care plan is to assist in maintaining his medical stability and maintaining or increasing his functional status and quality of life, in addition to assisting with the prevention of further potential complications. This consists of three sections: a narrative, tables, and a list of resources. The narrative section will include a client interview, summarization of the available medical records, life expectancy, and conclusions. The second section (Appendix A) is in table format and provides the present and future projected care needs, costs, rationale, and recommendations for care. The costs will be broken down into annual (recurring) and one-time (non-recurring) costs. The final section (Appendix B) is a list of all resources used throughout both the narrative and table sections. BACKGROUND INFORMATION Mr. Zaborski is a 30-year-old male born in Poland who immigrated to the United States in 2014. He currently resides in Maspeth, New York. He is not married and he does not have any children. He indicated that prior to injury, he enjoyed activities such as swimming and exercising, which he states he is no longer able to perform at pre-injury levels. Mr. Zaborski reported that he graduated from a public high school in Poland in 2010. He went on to obtain a college degree from a four-year university in Poland, with a focus of study in logistics and transport. He possesses a valid Polish driver’s license. He has not served in the military. No other training or education was noted. At the time of injury, Mr. Zaborski was employed as a carpenter by NY Builders Stairs in Maspeth, New York. He had been working in that capacity since 2015 and he has not returned to work since the incident of July 18, 2016. Prior to that, he has experience as a security guard in Poland for approximately nine years. No other vocational history was reported. 4 Life Care Planning Standards of Practice, 3rd Ed. International Association of Rehabilitation Professionals; International Academy of Life Care Planners (2015). Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza, Suite 302, Hackensack, New Jersey 07601 www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757 14 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Zaborski, Robert 6 INTERVIEW Records and data regarding Mr. Zaborski were provided by The Platta Law Firm, PLLC for review and use in evaluating his medical status and prognosis. He was interviewed on March 6, 2020 at their offices, located in New York, New York. He was followed up with via telephone on September 8, 2020 for updated information regarding his treatment and medication regimens. LEGAL EXHIBITS AND DOCUMENTS REVIEWED None provided. MEDICAL RECORDS REVIEWED NY Med *Aric Hausknecht, M.D. Medical Records: 09/26/16, 11/07/16, 11/17/17 Electrodiagnostic Study: 09/26/16 Center for Cognition and Communication *Jason Brown, M.D. and *Kim Busichio, Ph.D. Neuropsychological Evaluations: 10/01/16, 01/15/19 Multiple Providers Psychotherapy Notes: 10/04/16 – 05/22/18 (173 Notes) *Jason Brown, M.D. Response Letter: 01/17/19 Sniezyna Watras-Gans, Ph.D. Psychotherapy Notes: 03/18/17, 04/25/17, 05/02/17, 05/10/17, 05/17/17, 05/24/17, 07/19/17, 07/26/17, 08/16/17, 08/23/17, 08/29/17, 09/06/17, 09/13/17, 09/27/17, 10/04/17, 10/18/17, 10/25/17, 11/22/17, 01/09/19 Andrew Merola, M.D. Medical Records: 06/19/17, 08/28/17, 10/23/17, 001/22/18, 02/11/18, 03/12/18, 06/17/18 Anesthesiology and Pain Professional Practice *Dariusz Nasiek, M.D. Medical Records: 08/30/17, 09/27/17, 11/08/17, 12/13/17, 01/03/18, 01/31/18, 02/14/18, 02/28/18, Procedure Notes: 09/27/17, 10/11/17, 11/08/17, 04/11/18, 04/25/18 Hackensack Surgery Center *Dariusz Nasiek, M.D. Operative Reports: 12/05/17, 01/02/18, 02/08/18, 02/20/18 Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza, Suite 302, Hackensack, New Jersey 07601 www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757 15 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Zaborski, Robert 7 Complete Care *Aric Hausknecht, M.D. Medical Records: 02/12/19, 05/17/19, 06/05/20 * Please note that an asterisk next to the name of a provider indicates that he or she may be found in multiple locations throughout this medical summary. MEDICAL HISTORY SUMMARY The medical records reviewed for this evaluation indicate that Mr. Zaborski was involved in a work-related accident on July 18, 2016. He was working when a metal pipe struck his head; the records indicate he sustained a loss of consciousness along with injuries to his head, neck, and right shoulder. A synopsis of the medical records is as follows: 09/26/16 Aric Hausknecht, M.D.: Neurologic Follow up Impression: 1. Cervical derangement. 2. Thoracic derangement. 3. Right shoulder arthropathy. 4. Closed head trauma with postconcussion syndrome and mild traumatic brain injury. With a reasonable degree of medical certainty, his condition is causally related to the work accident that occurred on 07/18/16. He has a temporary total disability and I have advised him to restrict his activities. Prognosis is guarded. He will be followed here for continued care. 09/26/16 Aric Hausknecht, M.D.: Electrodiagnostic Study EMG/NCV upper: This electrodiagnostic study reveals bilateral median neuropathy. 10/01/16 Jason Brown, M.D. and Kim Busichio, Ph.D.: Neuropsychological Evaluation Summary and Diagnostic Impression: … He also reported bodily pain, headaches, dizziness, numbness in his right arm and hand, difficulty walking, balance problems, vision difficulty, along with sleep disturbance. The test results demonstrate impairments/deficits in the following neuropsychological functions: Non-verbal learning and memory trials. Complex visual memory. Working memory. Basic auditory attention. Sustained visual attention and concentration. Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza, Suite 302, Hackensack, New Jersey 07601 www.KWVRS.com ■ Tel: (201) 343-0700 ■ Fax: (201) 343-0757 16 of 125 FILED: KINGS COUNTY CLERK 12/27/2022 04:12 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 12/27/2022 Zaborski, Robert 8 Response inhibition. Problem solving ability. Motor skills. Processing Speed. Diagnostic Impression: 1. Traumatic brain injury. 2. Post-concussion syndrome. 3. Neuropsychological impairment, secondary to above. Discussion and Recommendations: It has been over 2 months since Mr. Zaborski’s traumatic brain injury, and cognitive rehabilitation treatment is recommended. 11/07/16 Aric Hausknecht, M.D.: Neurologic Follow-up The patient has significant neurocognitive and neuropsychological sequelae related to his head trauma. His clinical presentation is sugg