Preview
FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------.-----------------------_.--__ __.-----.----------__-------___Ç
ELIANDRO NOGUIERA, Index No.: 150618/2017
Plaintiff, EXPERT WITNESS
EXCHANGE PURSUANT
-against- TO CPLR3101(d)
ERY DETAIL PODIUM LLC, HUDSON YARDS
CONSTRUCTION LLC., and TISHMAN
CONSTRUCTION CORPORATION.
Defendants.
........________-....----_____.----.________--_ __.---._______...----Ç
PLEASE TAKE NOTICE, that Plaintiff, ELIANDRO NOGUIERA, through his
attorneys, THE PLATTA LAW FIRM, PLLC, as for his expert witness disclosure pursuant to
CPLR §3101(d), states as follows:
QUALIFICATION OF THE EXPERT
1. Plaintiff hereby designates Daniel Wolstein, Ph.D., MS, CRC, PVE, CLCP, CRV,
IPEC, ABVE/F, LRC as a life care and vocational rehabilitation expert in this matter. The
curriculum vitae ofDaniel Wolstein, Ph.D., MS, CRC, PVE, CLCP, CRV, IPEC, ABVE/F, LCR
is attached hereto as "Exhibit A".
SUBSTANCE OF FACTS AND GROUNDS OF OPINIONS
2. The substance of facts and opinions that constitute grounds for Dr. Wolstein's
opinions will be based upon his opinions and findings compiled during the interview with
ELIANDRO NOGUIERA, and review of various pleadings and discovery responses, EBT
transcripts, medical records, and evidence presented at trial including testimony and exhibits.
Copies of the Life Care Plan reports dated October 16, 2020; and Vocational Evaluation and
Earning Capacity Analysis reports dated September 21, 2020 of Dr. Wolstein, which further lay
out the substance of his testimony, are annexed hereto as "Exhibit B".
THE PLATTA LAW FIRM, PLLC " 42 BROADWAY, SUITE 1927" NEW YORK, NY 10004" PHONE: 212-514-S100,FAX: 212-514.9300
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3. Dr. Wolstein is also expected to rely on the testimony of Plaintiff's physicians and
Defendants'
expert witnesses.
THE SUBJECT MATTER OF TESTIMONY
4. Dr. Wolstein is expected to testify concerning the natural flowing sequel of the
injuries, notes, reports, memorandum, records and submissions, and prognosis for Plaintiff. Dr.
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 he may need to undergo.
5. Dr. 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
physicians'
in inter alia, his recommendations.
6. Dr. 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. Wolstein is also expected
to testify as to his overall knowledge and experience with Plaintiff. Dr. Wolstein may also be
Defendants'
called as a rebuttal witness to refute the testimony of experts herein.
7. Further, Dr. Wolstein is expected to testify concerning Plaintiff's employment
experience and his medical history and physical limitations. Dr. Wolstein will opine as to
Plaintiff's results from vocational testing and his post-injury work profile.
is further expected to opine as to Plaintiff's post-
8. Dr. Wolstein employability
accident and his earning capacity. Dr. Wolstein may also be called as a rebuttal witness to refute
Defendants'
the testimony of experts herein.
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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9. Dr. Wolstein's reports (which are annexed hereto as "Exhibit B") further lay out
Dr. Wolstein's opinions and the grounds for his opinions.
PLEASE TAKE FURTHER NOTICE, that the plaintiff reserves the right to supplement and
amend this disclosure up to and including the time of trial.
Dated: New York, New York
April I8, 2023
THE PLATTA LAW FIRM, PLLC
Attorney for Plaintiff
Evi Kallfa
42 Broadway, Suite 1927
New York, New York 10004
212-514-5100
TO: All counsel via NYSCEF
THE PLATTA LAW FIRM, PLLC " 42 BROADWAY, SUlTE 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/D, LRC, FVE, CVE
" New " 201-343-0700
One University Plaza, Suite 302 Hackensack, Jersey
Dan@KincaidVocational,Corn
Profile
" Rehabilitation Needs " Wage Data Knowledge
" Vocational Evaluation " National/State Wage Research
" Labor Market Analysis " Vocational Rehabilitation
" Assessments " Assistive Technologies
Employability
" Social Vocational Expert " Career
Security 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
" labor market surveys and job analysis reports for
Composing company
" transferable skills analyses
Performing
" Vocational evaluation and assessment
" Career needs all aspects of the job search process
counseling including
" vocational educational past earnings and medical for
Assessing history, history, history
vocational reports
" Life care planning
" consumers in the and treatment processes of
Counseling evaluation, planning
rehabilitation counseling
" Diagnostic interviews for career personal and matrimonial cases
counseling, injury
" assistive technologies
Researching
" rehabilitation needs
Assessing
" and a wide range of assessments and instruments
Administering interpreting
Education
" East Carolina Graduate School
University,
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 04/01/2022
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Affiliations and Credentials
" Certified Rehabilitation Counselor since March 2010
" Professional Vocational Evaluator since 2015
February
" Certified Life Care Planner since March 2015
" Certified Rehabilitation Vocationologist since April 2015
" International Psychometric Evaluation Certification since 2015
May
" Holds Memberships at professional associations
o International Association of Rehabilitation Counselors
o American Board of Vocational Experts
" Licensed Rehabilitation Counselor since 2017
February
" 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 2018-2020
Experts; term)
" Forensic Vocational Expert (November 2020)
" Certified Vocational Evaluator (November 2020)
" American Board of Vocational Diplomate
Experts,
" American Board of Vocational Experts
President-elect,
o President-elect term: 2021-2023
o President term: 2023-2025
o Past president: 2025-2026
" American Board of Vocational Experts Conference Chair:
o March 2022
Presentations and Research
" National Organization of Social Claimant Representatives: (June
Security 2021)
" CRCC: Panel to reinstitute Certified Vocational Evaluator credential (November 2020)
" ABVE: Knowledge Enhancement Seminar
o August 2020, March 2021, March 2022
" Trial Techniques: New Association for Justice (August
Jersey 2020)
" Lecture for Georgia Rehabilitation Association (Metro Atlanta Chapter): 2020
July
" Lecture for Social Administration with Jeff Truthan: November 2019
Security
" 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 Claimant Representatives: April 2018
Security
Revised04/0U2022
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o Presented with Jeff Truthan on research efforts for 137 sedentary unskilled jobs
" Colorado State Bar Colorado): 2017
(Denver,
o Presented on Surveillance-system Monitor Research
" Lecture on Vocational Forensics: Ramapo 2017
College, 2015, 2016,
" 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 2012 Conference on
(NCRE)
Organizational Reengineering for State Vocational Agencies
" Published in the Journal of Applied Rehabilitation in 2010 under Dr. Mark
Counseling
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 for job seekers at DVR
group
" 18t
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 at the Division of Vocational NJ
internship Rehabilitation,
o Composed a curriculum for a skills group based on the Boston University
Approach
" Completed 100-hour practicum at the Division of Vocational NJ
Rehabilitation,
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 Coalition
Counseling (2017)
" Social Vocational Expert
Security (2015-2019)
Revised 04/01/2022
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" 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
" 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 04M t /2022
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Exhibit B
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nCaid
" seemces
O Stein
1W
LIFE CARE PLAN
PREPARED BY: Kincaid Wolstein Vocational and Rehabilitation Services
One Plaza ~ Suite 302
University
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: Ellandro Nogueira
DATE OF BIRTH:
REPORT DATE: October 16, 2020
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Nogueira, Eliandro 2
TABLE OF CONTENTS
C TI F IC A TIONER ............................................................................................................. 3
DISCLOSURE .................................................................................................................3
D YOME
GLO ............................................................................................................ 3
DU CTINT
IONRO.............................................................................................................4
RO ND M A TI OUN.....................................................................................
IN FO RBACK 5
I ERVNTIEW.................................................................................................................... 6
LEGAL EXHIBITS AND DOCUMENTS REVIEWED.......................................................6
RE C OR DS RE V IEWE DMEDICAL
................................................................................. 6
MEDICAL HISTORY SUMMARY .................................................................................... 9
/ PRO EDURE
CSURGERY TIMELINE ......................................................................... 22
NENT
TIPER MEDICAL HISTORY ................................................................................ 24
CURRENT PHYSICAL LIMITATIONS...........................................................................24
HOME / DAILY ACTIVITIES.......................................................................................... 25
ENT
RUR MEDICATION SC........................................................................................... 25
ATING PR D ERE
IOV RTS .............................................................................................. 25
AL TEAM / PROV ER COMMENTS................................................................
I DMEDI 26
PE C T A NC YLIFE
..................................................................................................... 27
C CL U SNI O N SO............................................................................................................ 27
APPENDIX A: LIFECARE COSTPROJECTIONS.......................................................29
.
A E D XBPP . RESOURCES ........................................................................................ 40
Kincaid Wolstein Vocational and Rehabilitation Services
One University Plaza, Suite 302, Hackensack, New Jersey 07601
www.KWVRS.com mTel: (201)343-0700 m Fax: (201)343-0757
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Nogueira, Eliandro 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. Nogueira 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. Nogueira 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 ser
Preview
FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------.-----------------------_.--__ __.-----.----------__-------___Ç ELIANDRO NOGUIERA, Index No.: 150618/2017 Plaintiff, EXPERT WITNESS EXCHANGE PURSUANT -against- TO CPLR3101(d) ERY DETAIL PODIUM LLC, HUDSON YARDS CONSTRUCTION LLC., and TISHMAN CONSTRUCTION CORPORATION. Defendants. ........________-....----_____.----.________--_ __.---._______...----Ç PLEASE TAKE NOTICE, that Plaintiff, ELIANDRO NOGUIERA, through his attorneys, THE PLATTA LAW FIRM, PLLC, as for his expert witness disclosure pursuant to CPLR §3101(d), states as follows: QUALIFICATION OF THE EXPERT 1. Plaintiff hereby designates Daniel Wolstein, Ph.D., MS, CRC, PVE, CLCP, CRV, IPEC, ABVE/F, LRC as a life care and vocational rehabilitation expert in this matter. The curriculum vitae ofDaniel Wolstein, Ph.D., MS, CRC, PVE, CLCP, CRV, IPEC, ABVE/F, LCR is attached hereto as "Exhibit A". SUBSTANCE OF FACTS AND GROUNDS OF OPINIONS 2. The substance of facts and opinions that constitute grounds for Dr. Wolstein's opinions will be based upon his opinions and findings compiled during the interview with ELIANDRO NOGUIERA, and review of various pleadings and discovery responses, EBT transcripts, medical records, and evidence presented at trial including testimony and exhibits. Copies of the Life Care Plan reports dated October 16, 2020; and Vocational Evaluation and Earning Capacity Analysis reports dated September 21, 2020 of Dr. Wolstein, which further lay out the substance of his testimony, are annexed hereto as "Exhibit B". THE PLATTA LAW FIRM, PLLC " 42 BROADWAY, SUITE 1927" NEW YORK, NY 10004" PHONE: 212-514-S100,FAX: 212-514.9300 1 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 3. Dr. Wolstein is also expected to rely on the testimony of Plaintiff's physicians and Defendants' expert witnesses. THE SUBJECT MATTER OF TESTIMONY 4. Dr. Wolstein is expected to testify concerning the natural flowing sequel of the injuries, notes, reports, memorandum, records and submissions, and prognosis for Plaintiff. Dr. 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 he may need to undergo. 5. Dr. 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 physicians' in inter alia, his recommendations. 6. Dr. 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. Wolstein is also expected to testify as to his overall knowledge and experience with Plaintiff. Dr. Wolstein may also be Defendants' called as a rebuttal witness to refute the testimony of experts herein. 7. Further, Dr. Wolstein is expected to testify concerning Plaintiff's employment experience and his medical history and physical limitations. Dr. Wolstein will opine as to Plaintiff's results from vocational testing and his post-injury work profile. is further expected to opine as to Plaintiff's post- 8. Dr. Wolstein employability accident and his earning capacity. Dr. Wolstein may also be called as a rebuttal witness to refute Defendants' the testimony of experts herein. THE PLATTA LAW FIRM, PLLC " 42 BROADWAY, SUITE 1927" NEW YORK, NY 10004" PHONE: 212-514-5100,FAX: 212-514-9300 2 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 9. Dr. Wolstein's reports (which are annexed hereto as "Exhibit B") further lay out Dr. Wolstein's opinions and the grounds for his opinions. PLEASE TAKE FURTHER NOTICE, that the plaintiff reserves the right to supplement and amend this disclosure up to and including the time of trial. Dated: New York, New York April I8, 2023 THE PLATTA LAW FIRM, PLLC Attorney for Plaintiff Evi Kallfa 42 Broadway, Suite 1927 New York, New York 10004 212-514-5100 TO: All counsel via NYSCEF THE PLATTA LAW FIRM, PLLC " 42 BROADWAY, SUlTE 1927" NEW YORK, NY 10004" PHONE: 212-514-5100,FAX: 212-514-9300 3 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 Exhibit A 4 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 Daniel Wolstein, PhD, CRC, CLCP, PVE, CRV, IPEC, ABVE/D, LRC, FVE, CVE " New " 201-343-0700 One University Plaza, Suite 302 Hackensack, Jersey Dan@KincaidVocational,Corn Profile " Rehabilitation Needs " Wage Data Knowledge " Vocational Evaluation " National/State Wage Research " Labor Market Analysis " Vocational Rehabilitation " Assessments " Assistive Technologies Employability " Social Vocational Expert " Career Security 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 " labor market surveys and job analysis reports for Composing company " transferable skills analyses Performing " Vocational evaluation and assessment " Career needs all aspects of the job search process counseling including " vocational educational past earnings and medical for Assessing history, history, history vocational reports " Life care planning " consumers in the and treatment processes of Counseling evaluation, planning rehabilitation counseling " Diagnostic interviews for career personal and matrimonial cases counseling, injury " assistive technologies Researching " rehabilitation needs Assessing " and a wide range of assessments and instruments Administering interpreting Education " East Carolina Graduate School University, 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 04/01/2022 5 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 Affiliations and Credentials " Certified Rehabilitation Counselor since March 2010 " Professional Vocational Evaluator since 2015 February " Certified Life Care Planner since March 2015 " Certified Rehabilitation Vocationologist since April 2015 " International Psychometric Evaluation Certification since 2015 May " Holds Memberships at professional associations o International Association of Rehabilitation Counselors o American Board of Vocational Experts " Licensed Rehabilitation Counselor since 2017 February " 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 2018-2020 Experts; term) " Forensic Vocational Expert (November 2020) " Certified Vocational Evaluator (November 2020) " American Board of Vocational Diplomate Experts, " American Board of Vocational Experts President-elect, o President-elect term: 2021-2023 o President term: 2023-2025 o Past president: 2025-2026 " American Board of Vocational Experts Conference Chair: o March 2022 Presentations and Research " National Organization of Social Claimant Representatives: (June Security 2021) " CRCC: Panel to reinstitute Certified Vocational Evaluator credential (November 2020) " ABVE: Knowledge Enhancement Seminar o August 2020, March 2021, March 2022 " Trial Techniques: New Association for Justice (August Jersey 2020) " Lecture for Georgia Rehabilitation Association (Metro Atlanta Chapter): 2020 July " Lecture for Social Administration with Jeff Truthan: November 2019 Security " 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 Claimant Representatives: April 2018 Security Revised04/0U2022 6 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 o Presented with Jeff Truthan on research efforts for 137 sedentary unskilled jobs " Colorado State Bar Colorado): 2017 (Denver, o Presented on Surveillance-system Monitor Research " Lecture on Vocational Forensics: Ramapo 2017 College, 2015, 2016, " 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 2012 Conference on (NCRE) Organizational Reengineering for State Vocational Agencies " Published in the Journal of Applied Rehabilitation in 2010 under Dr. Mark Counseling 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 for job seekers at DVR group " 18t 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 at the Division of Vocational NJ internship Rehabilitation, o Composed a curriculum for a skills group based on the Boston University Approach " Completed 100-hour practicum at the Division of Vocational NJ Rehabilitation, 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 Coalition Counseling (2017) " Social Vocational Expert Security (2015-2019) Revised 04/01/2022 7 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 " 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 " 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 04M t /2022 8 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 Exhibit B 9 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 nCaid " seemces O Stein 1W LIFE CARE PLAN PREPARED BY: Kincaid Wolstein Vocational and Rehabilitation Services One Plaza ~ Suite 302 University 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: Ellandro Nogueira DATE OF BIRTH: REPORT DATE: October 16, 2020 10 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 Nogueira, Eliandro 2 TABLE OF CONTENTS C TI F IC A TIONER ............................................................................................................. 3 DISCLOSURE .................................................................................................................3 D YOME GLO ............................................................................................................ 3 DU CTINT IONRO.............................................................................................................4 RO ND M A TI OUN..................................................................................... IN FO RBACK 5 I ERVNTIEW.................................................................................................................... 6 LEGAL EXHIBITS AND DOCUMENTS REVIEWED.......................................................6 RE C OR DS RE V IEWE DMEDICAL ................................................................................. 6 MEDICAL HISTORY SUMMARY .................................................................................... 9 / PRO EDURE CSURGERY TIMELINE ......................................................................... 22 NENT TIPER MEDICAL HISTORY ................................................................................ 24 CURRENT PHYSICAL LIMITATIONS...........................................................................24 HOME / DAILY ACTIVITIES.......................................................................................... 25 ENT RUR MEDICATION SC........................................................................................... 25 ATING PR D ERE IOV RTS .............................................................................................. 25 AL TEAM / PROV ER COMMENTS................................................................ I DMEDI 26 PE C T A NC YLIFE ..................................................................................................... 27 C CL U SNI O N SO............................................................................................................ 27 APPENDIX A: LIFECARE COSTPROJECTIONS.......................................................29 . A E D XBPP . RESOURCES ........................................................................................ 40 Kincaid Wolstein Vocational and Rehabilitation Services One University Plaza, Suite 302, Hackensack, New Jersey 07601 www.KWVRS.com mTel: (201)343-0700 m Fax: (201)343-0757 11 of 99 FILED: NEW YORK COUNTY CLERK 04/18/2023 03:56 PM INDEX NO. 150618/2017 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 04/18/2023 Nogueira, Eliandro 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. Nogueira 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. Nogueira 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 ser