Preview
352-305337-19 FILED
TARRANT COUNTY
8/27/2019 10:58 AM
THOMAS A. WILDER
NO. 352-305337-19 DISTRICT CLERK
LAM K. NGUYEN AND TUONG NGUYEN § IN THE DISTRICT COURT
PLAINTIFFS, §
§
VS. § TARRANT COUNTY, TEXAS
§
HARRY TRAN AND THANG HOA DOHR §
DEFENDANTS. § 352ND JUDICIAL DISTRICT
DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE TO
PLAINTIFFS’ REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS
Pursuant to Tex R. Civ. P. 194, Defendant Harry Tran serves the following First
Supplemental Response to Plaintiffs’ Request for Disclosure and Designation of Experts.
f. For any testifying expert:
1. The expert’s name, address, and telephone number;
2. The subject matter on which the expert will testify;
3. The general substance of the expert’s mental impressions and opinions and
a brief summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to the control of the responding party, documents reflecting such
information;
4. If the expert is retained by, employed by, or otherwise subject to the control
of the responding party:
A. All documents, tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or prepared by or for the
expert in anticipation of the expert’s testimony; and
B. The expert’s current resume or bibliography.
Response: Defendant hereby designates and reserves the right to call any expert witness(es)
designated by any other party to this case, as well as any experts later designated
by any party to this case on any subject relevant to this litigation on which the
witness is qualified to testify. In the event that any party to this cause has
designated any experts but has been or is subsequently dismissed for any reason or
fails to call any designated expert at the time of trial, Defendant specifically
reserves the right to call any such expert previously designated by that party.
Defendant further reserves the right to withdraw or de-designate any expert prior
to testimony and to positively aver that such previously designated expert will not
DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE
TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -1-
be called as a witness at trial and to redesignate same as a consulting expert who
will not be called by any party in this cause. Finally, Defendant reserves the right
to supplement this response as additional information concerning experts becomes
available.
Defendant further hereby designates as adverse expert witnesses all expert
witnesses designated by Plaintiffs. Defendant reserves the right to rely upon or to
offer, by direct examination or cross-examination, testimony obtained from those
experts and rebuttal experts, if any, designated by Plaintiffs. By this designation,
Defendant does not necessarily agree with, nor vouch for, the credibility of any
such witnesses or their opinions, or the reliability, materiality, or admissibility of
information and/or tangible things produced by these individuals in general; by this
designation Defendant is simply reserving the opportunity to rely upon or elicit
certain opinions and/or evidence from these witnesses to the extent that it deems it
in its interest to do so.
Such persons are expected to testify concerning Plaintiffs’ care and treatment. See
Plaintiffs’ Responses to Defendant’s Request for Disclosure for additional
information concerning such health-care providers including medical bills and
records relating to Plaintiffs.
First Supplemental Response:
Defendant hereby designates as an expert witness the following individual:
Nichole Porteus, DC
6211 W. Northwest Hwy, Ste 100
Dallas, Texas 75225
469.369.7859
Dr. Porteus is chiropractor who has reviewed Tuong Nguyen’s medical records and other
case materials provided to her and is expected to testify regarding the extent of the injuries
sustained by the Plaintiff in the subject motor vehicle accident, the appropriate care and
treatment for those injuries, and the fair and reasonable cost of that treatment, both in the
past and in the future, if applicable, as set out in the attached report.
DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE
TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -2-
Respectfully submitted,
____________________________________
Chad Kimble, State Bar No. 24007483
Kyle Smith, State Bar No. 24102512
D. Brent Beasley, State Bar No. 24082669
LAW OFFICE OF CHAD KIMBLE, P.C.
1204 S. White Chapel Blvd.
Southlake, Texas 76092
eservice@chadkimblelaw.com
817.766.7488
817.423.7492 fax
ATTORNEY FOR DEFENDANT
HARRY TRAN
CERTIFICATE OF SERVICE
The undersigned certifies that on the 27th day of August, 2019, a true copy of the foregoing
has been served on all parties in accordance with Rule 21a, Texas Rules of Civil Procedure.
____________________________________
Chad Kimble
DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE
TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -3-
NICHOLE PORTEUS, D.C. 12001 N. CENTRAL EXPRESSWAY
DOCTOR OF CHIROPRACTIC SUITE 800
DALLAS, TX 75243
(214) 750-6110
FAX- (214) 750-5825
August 14, 2019
Mr. Chad Kimble
Law Office of Chad Kimble, P.C.
1204 South White Chapel Blvd.
Southlake, TX 76092
RE: Tuong Nguyen
CLAIM#: 0441711785
DATE OF INJURY: 01/06/17
CASE#: 20877189
Dear Mr. Kimble:
I have had the opportunity to review medical records on Mr. Tuong Nguyen. Comments are based on my
education, training, and experience along with applicable treatment guidelines.
My name is Nichole Porteus, D.C. I am licensed by the State of Texas as a chiropractor. I have over 5 years of
experience treating patients as a chiropractor in Dallas and Southlake. During the past year I have also spent
time treating patients in offices in Keller, Irving and Mansfield. The patients I have treated include a good deal
of patients with complaints of pain in the spine and extremities from motor vehicle accidents. 1was a member
of the Texas Chiropractic Association in2014. I was named a Mom-Approved Doctor in Dallas Child Magazine
2015- 2017 and Fort Worth Child Magazine in 2018. I am Certified by the Academy Council of Chiropractic
Pediatrics (CACCP).
My comments on reasonable allowances here are based upon my years of experience in treating patients with
such conditions. Many of the patients I have dealt with and deal with have high deductibles and itwas
necessary for me to contact imaging centers and other providers to ascertain what would be the most
appropriate referral pattern for my patients, to assure they get quality care that they can afford. As a result,I
have a strong idea of reasonable charges for the services on which I comment.
SUMMARY OF MEDICAL RECORDS
On January 18, 2017, the patient presented to Accident Care Chiro Med after having been involved in a motor
vehicle accident on January 6, 2017. The patient was under the care of Martin Williams, D.C. The patient was
complaining of neck pain, low back pain, headaches, and bilateral knee pain. Upon initialexamination,
biceps tendon reflexes were mildly diminished bilaterally. Positive orthopedic tests include cervical distraction,
foramina! compression, Solo-Hall, Ely's test, Kemp's test, Milligram's test, minor's sign, and straight leg raise,
between 35-70 degrees.
The initial diagnoses included sprain of ligaments of cervical. thoracic, and lumbar spine, headache,
subluxation complex of cervical, thoracic, and lumbar region, contracture of muscle, pain in knee, and other
unspecified injuries of ankle and foot.
On Aprill7, 2017, the patient was released from care at Accident Care Chiro Med.
Tuong Nguyen
August 14, 2019
CASE#: 20877189
Page 2 of 4
RESPONSE/OPINION
I willbe providing my opinion on the care provided by Martin Williams, D.C., at Accident Care Chiro Med.
Comments were based on my education, training, and experience along with applicable treatment
guidelines.
Based upon the available records, I opine that the above diagnoses were correct for injuriesrelated to the
motor vehicle accident that occurred on January 6, 2017.
The patient did not provide a history of any previous injuries related to the areas of complaint.
II appears the patient was symptomatic from the day of the motor vehicle accident, January 6, 2017, with
some remaining symptoms at the dale of discharge on April17, 2017.
Based on my clinical experience, following a motor vehicle accident (MV A), chiropractic manipulative therapy
(CMT) (98941) isvery beneficial in restoring normal biomechanics of the spine. In my opinion, these therapies
should be used with decreasing frequency throughout the treatment plan, as the patient leaves the acute
phase of injury. In this case, I opine that 6 units of CMT (98941) were reasonable and necessary. 6 units were
billed.
Based on my clinical experience, following a motor vehicle accident, electrical muscle stimulation (97014) is
beneficial in helping to reduce muscle spasm and increase pain free range of motion. I opine that this therapy
is most beneficial in the acute phase of injury; therefore I opine that 12 units of electrical muscle stimulation are
reasonable. 12 units were billed.
Intersegmental traction (970 12) is beneficial in reducing muscle spasm, increasing range of motion and
creating a more comfortable CMT. In my opinion, traction should be utilized in the sub-acute phases of
treatment. Therefore, I opine that 15 units of intersegmental traction (97012) are appropriate in thiscase. 19
units were billed.
Based on my clinical experience, following a motor vehicle accident, manual therapy (97140) is beneficial in
reducing muscle contracture, breaking up adhesions in soft tissue, and improving range of motion. In my
opinion, this therapy should be used with decreasing frequency throughout the treatment plan as the patient
leaves the acute phase of injury. In injuries of this magnitude, I opine that 1 unit of manual therapy (97140) was
reasonable and necessary. 1 unit was billed.
Massage (97124) is effective for increasing circulation, decreasing muscle soreness, and decreasing muscle
spasm. 1opine that 16 units of massage (97124) would be reasonable in this case. 16 units were billed.
Ice/heat (97010) isa therapy that can be utilized during other passive modalities (such as EMS), and therefore I
do not opine this is a therapy that should be billed for. 3 units were billed.
Water massage table (97039) was, at limes, billed on the same date of service as massage (97124) and
therefore 1do not opine this as a reasonable therapy to be billed for. 4 units were billed.
Tuong Nguyen
August 14, 2019
CASE#: 20877189
Page 3 of 4
CHARGES
Martin Williams, D.C.'s Fee Schedule
Initial Exam {99202): $150.00 is reasonable.
Re-Exam {99212): $90.00 is reasonable.
Office Visit {99211 ): $75.00 is reasonable.
CMT {98941 ): $82.00, I opine $70.00 is reasonable.
Massage {97124): $53.00 is reasonable.
Intersegmental traction {97012): $50.00, I opine $40.00 is reasonable.
Water Massage Table {97039): $53.00, I opine $40.00 is reasonable.
Electric Slim {97014): $40.00 is reasonable.
Manual therapy {97140): $60.00, I opine $50.00 is reasonable.
Ice/heat {97010): $25.00, I opine $20.00 is reasonable.
Narrative Report {99080): $300.00, I opine $100.00 is reasonable.
The above fee schedule was based on prices that I have observed to be charged by myself and other doctors
of chiropractic in the DFW and surrounding areas.
In conclusion, the treatment I opine as necessary is 1 exam {99202), 1 re-exam {99212), 2 office visits{99211 ), 6
units of CMT {98941 ), 16 units of massage {97124), 15 units of intersegmental traction {97012), 12 units of electric
slim {97014), 1 unit of manual therapy {97140), and 1 narrative report {99080).
The therapy I do not opine as necessary is 4 units of intersegmental traction {97012), 4 units of water massage
table {97039), 12 office visits{99211 ), and 3 units of ice/heat {97010). There were no changes in the patient's
condition or circumstances noted in the records to warrant 12 office visits {99211 ).
Thank you for the opportunity to review the medical records on Mr. Tuong Nguyen.
Dictated, reviewed, opinion verified, and attested to by my original signature.
Sincerely,
l::>.G.
Nichole Porteus, D.C.
Doctor of Chiropractic
12531
NP/pl
The opinions rendered in this case are the opinions of the evaluator. This review has been conducted on the
basis of the medical records provided, with the assumption that the material istrue and correct. Ifmore
information becomes available at a later date, an additional service/report/reconsideration may be
requested.
Tuong Nguyen
August 14, 2019
CASE#: 20811189
Page 4 of 4
SUMMARY OF RECORDS
• Accident Care Chiro Med, Martin Williams, D.C .. 01/18/ll, 01/19/11, 01/23/ll, 01/25/11, 01/31/11,
02/03/11, 02/09/11, 02/13/11, 02/16/11, 02/20/11, 03/01/11, 03/13/11, 03/14/11, 03/11/11, 03/20/11,
03!23/1l,03!2l/1l,04/03/1l,04/04/1l,04/11!1l,04/1l/1l
• Plaintiff's Tuong Nguyen Responses to Defendant's Request for Disclosure, Ol /31/19
• Medical Records Affidavit, Accident Care Chiro Med, 04/24/11
• Affidavit of Records Custodian of Accident Care Chiro Med, 04/24/11
• Itemized Statement, Allstate Fire & Casualty INS Co, Estimate of Record, Written By: Jordan Payne:
Adjuster: Jordan Payne, 01/28/11
• Itemized Statement, Allstate Fire & Casualty INS Co, Estimate of Record, Written By: Collin Yetter;
Adjuster: Collin Yetter, 01/09/11
• Itemized Statement. Allstate Fire & Casualty INS Co, Supplement of Record 1 Summary, Written By:
Jeffrey Simms: Adjuster: Collin Yetter, 09 /14/ll
• Color Photographs, 40 images
• Itemized Statement, Accident Care Chiro Med, Charge Report, Dales of Service, 01/18/11-04/11Ill
• Health Insurance Claim Form, Accident Care Chiro Med, Dr. Martin Williams, D.C., Dales of Service, .,
01/18/11, 01/19/11, 01/23/11, 01/25/11, 01/31/11, 02/03/11, 02/09/11, 02/13/11, 02/16/11, 02/20/11,
03/01/11, 03/13/11, 03/14/11, 03/11/11, 03/20/11, 03/23/11, 03/21/11, 04/03/11, 04/04/11, 04/11/11,
04/11 Ill
DR. NIKKI PORTEUS
Education
December, 2013. ~. Parker
. University, Dallas TX - Doctorate of Chiropractic
May, 2007- University of Colorado, Boulder CO- BA in Integrative Physiology
May, 2006- Front Range Community College- Certified Nurses Assistant
Experience
Chiropractor/Owner, Renew & Restore Wellness; Southlake TX- 2018-Present
• Establish business and carry out all business operations
• Chiropractic business marketing
• Chiropractic business accounting
• Schedule patients
• Obtain & review patient medical histories
• Perform chiropractic exams and review exam findings
• Establish patient diagnoses
• Formulate individualized chiropractic treatment plans
• Perform chiropractic adjustments and therapies
• Chiropractic billing and collection of payment
Chiropractor/Associate, APEX Wellness Center; Dallas, TX- 2014- 2017
• Scheduled patients
• Obtained and reviewed patient medical histories
• Perfomned chiropractic exams and reviewed exam findings
• Established patient diagnoses
• Fomnulated Individualized chiropractic treatment plans
• Performed chiropractic adjustments and therapies
• Collection of payment
Chiropractic Intern, Parker Chiropractic Clinic; Dallas, TX- 2012-2013
• Obtained and reviewed patient medical histories
• Performed chiropractic exams and reviewed exam findings
• Established patient diagnoses
• Formulated individualized chiropractic treatment plans
• Performed chiropractic adjustments and therapies
Chiropractic Assistant, APEX Wellness Center; Dallas, TX - 2009 - 2014
• Scheduled patients
• Answered phones
• Performed chiropractic modalities
• Verified insurance benefits
• Posted Explanations of Benefits to patient ledgers
• Collected payment
Patient Care Technician, Children's Medical Center; Dallas, TX - 2008 - 2009
Measured and reported patient vital signs
Obtained and sent off urine and stool specimens to lab for testing
Provided linen changes
Assisted nurses with procedures
Accomplishments
NBCE Board Certified In Parts I, II, ill, IV
NBCE Board Certified in Physical Therapy
Licensed with the Texas Board of Chiropractic Examiners
Preview
352-305337-19 FILED TARRANT COUNTY 8/27/2019 10:58 AM THOMAS A. WILDER NO. 352-305337-19 DISTRICT CLERK LAM K. NGUYEN AND TUONG NGUYEN § IN THE DISTRICT COURT PLAINTIFFS, § § VS. § TARRANT COUNTY, TEXAS § HARRY TRAN AND THANG HOA DOHR § DEFENDANTS. § 352ND JUDICIAL DISTRICT DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE TO PLAINTIFFS’ REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS Pursuant to Tex R. Civ. P. 194, Defendant Harry Tran serves the following First Supplemental Response to Plaintiffs’ Request for Disclosure and Designation of Experts. f. For any testifying expert: 1. The expert’s name, address, and telephone number; 2. The subject matter on which the expert will testify; 3. The general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; 4. If the expert is retained by, employed by, or otherwise subject to the control of the responding party: A. All documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and B. The expert’s current resume or bibliography. Response: Defendant hereby designates and reserves the right to call any expert witness(es) designated by any other party to this case, as well as any experts later designated by any party to this case on any subject relevant to this litigation on which the witness is qualified to testify. In the event that any party to this cause has designated any experts but has been or is subsequently dismissed for any reason or fails to call any designated expert at the time of trial, Defendant specifically reserves the right to call any such expert previously designated by that party. Defendant further reserves the right to withdraw or de-designate any expert prior to testimony and to positively aver that such previously designated expert will not DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -1- be called as a witness at trial and to redesignate same as a consulting expert who will not be called by any party in this cause. Finally, Defendant reserves the right to supplement this response as additional information concerning experts becomes available. Defendant further hereby designates as adverse expert witnesses all expert witnesses designated by Plaintiffs. Defendant reserves the right to rely upon or to offer, by direct examination or cross-examination, testimony obtained from those experts and rebuttal experts, if any, designated by Plaintiffs. By this designation, Defendant does not necessarily agree with, nor vouch for, the credibility of any such witnesses or their opinions, or the reliability, materiality, or admissibility of information and/or tangible things produced by these individuals in general; by this designation Defendant is simply reserving the opportunity to rely upon or elicit certain opinions and/or evidence from these witnesses to the extent that it deems it in its interest to do so. Such persons are expected to testify concerning Plaintiffs’ care and treatment. See Plaintiffs’ Responses to Defendant’s Request for Disclosure for additional information concerning such health-care providers including medical bills and records relating to Plaintiffs. First Supplemental Response: Defendant hereby designates as an expert witness the following individual: Nichole Porteus, DC 6211 W. Northwest Hwy, Ste 100 Dallas, Texas 75225 469.369.7859 Dr. Porteus is chiropractor who has reviewed Tuong Nguyen’s medical records and other case materials provided to her and is expected to testify regarding the extent of the injuries sustained by the Plaintiff in the subject motor vehicle accident, the appropriate care and treatment for those injuries, and the fair and reasonable cost of that treatment, both in the past and in the future, if applicable, as set out in the attached report. DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -2- Respectfully submitted, ____________________________________ Chad Kimble, State Bar No. 24007483 Kyle Smith, State Bar No. 24102512 D. Brent Beasley, State Bar No. 24082669 LAW OFFICE OF CHAD KIMBLE, P.C. 1204 S. White Chapel Blvd. Southlake, Texas 76092 eservice@chadkimblelaw.com 817.766.7488 817.423.7492 fax ATTORNEY FOR DEFENDANT HARRY TRAN CERTIFICATE OF SERVICE The undersigned certifies that on the 27th day of August, 2019, a true copy of the foregoing has been served on all parties in accordance with Rule 21a, Texas Rules of Civil Procedure. ____________________________________ Chad Kimble DEFENDANT HARRY TRAN’S FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -3- NICHOLE PORTEUS, D.C. 12001 N. CENTRAL EXPRESSWAY DOCTOR OF CHIROPRACTIC SUITE 800 DALLAS, TX 75243 (214) 750-6110 FAX- (214) 750-5825 August 14, 2019 Mr. Chad Kimble Law Office of Chad Kimble, P.C. 1204 South White Chapel Blvd. Southlake, TX 76092 RE: Tuong Nguyen CLAIM#: 0441711785 DATE OF INJURY: 01/06/17 CASE#: 20877189 Dear Mr. Kimble: I have had the opportunity to review medical records on Mr. Tuong Nguyen. Comments are based on my education, training, and experience along with applicable treatment guidelines. My name is Nichole Porteus, D.C. I am licensed by the State of Texas as a chiropractor. I have over 5 years of experience treating patients as a chiropractor in Dallas and Southlake. During the past year I have also spent time treating patients in offices in Keller, Irving and Mansfield. The patients I have treated include a good deal of patients with complaints of pain in the spine and extremities from motor vehicle accidents. 1was a member of the Texas Chiropractic Association in2014. I was named a Mom-Approved Doctor in Dallas Child Magazine 2015- 2017 and Fort Worth Child Magazine in 2018. I am Certified by the Academy Council of Chiropractic Pediatrics (CACCP). My comments on reasonable allowances here are based upon my years of experience in treating patients with such conditions. Many of the patients I have dealt with and deal with have high deductibles and itwas necessary for me to contact imaging centers and other providers to ascertain what would be the most appropriate referral pattern for my patients, to assure they get quality care that they can afford. As a result,I have a strong idea of reasonable charges for the services on which I comment. SUMMARY OF MEDICAL RECORDS On January 18, 2017, the patient presented to Accident Care Chiro Med after having been involved in a motor vehicle accident on January 6, 2017. The patient was under the care of Martin Williams, D.C. The patient was complaining of neck pain, low back pain, headaches, and bilateral knee pain. Upon initialexamination, biceps tendon reflexes were mildly diminished bilaterally. Positive orthopedic tests include cervical distraction, foramina! compression, Solo-Hall, Ely's test, Kemp's test, Milligram's test, minor's sign, and straight leg raise, between 35-70 degrees. The initial diagnoses included sprain of ligaments of cervical. thoracic, and lumbar spine, headache, subluxation complex of cervical, thoracic, and lumbar region, contracture of muscle, pain in knee, and other unspecified injuries of ankle and foot. On Aprill7, 2017, the patient was released from care at Accident Care Chiro Med. Tuong Nguyen August 14, 2019 CASE#: 20877189 Page 2 of 4 RESPONSE/OPINION I willbe providing my opinion on the care provided by Martin Williams, D.C., at Accident Care Chiro Med. Comments were based on my education, training, and experience along with applicable treatment guidelines. Based upon the available records, I opine that the above diagnoses were correct for injuriesrelated to the motor vehicle accident that occurred on January 6, 2017. The patient did not provide a history of any previous injuries related to the areas of complaint. II appears the patient was symptomatic from the day of the motor vehicle accident, January 6, 2017, with some remaining symptoms at the dale of discharge on April17, 2017. Based on my clinical experience, following a motor vehicle accident (MV A), chiropractic manipulative therapy (CMT) (98941) isvery beneficial in restoring normal biomechanics of the spine. In my opinion, these therapies should be used with decreasing frequency throughout the treatment plan, as the patient leaves the acute phase of injury. In this case, I opine that 6 units of CMT (98941) were reasonable and necessary. 6 units were billed. Based on my clinical experience, following a motor vehicle accident, electrical muscle stimulation (97014) is beneficial in helping to reduce muscle spasm and increase pain free range of motion. I opine that this therapy is most beneficial in the acute phase of injury; therefore I opine that 12 units of electrical muscle stimulation are reasonable. 12 units were billed. Intersegmental traction (970 12) is beneficial in reducing muscle spasm, increasing range of motion and creating a more comfortable CMT. In my opinion, traction should be utilized in the sub-acute phases of treatment. Therefore, I opine that 15 units of intersegmental traction (97012) are appropriate in thiscase. 19 units were billed. Based on my clinical experience, following a motor vehicle accident, manual therapy (97140) is beneficial in reducing muscle contracture, breaking up adhesions in soft tissue, and improving range of motion. In my opinion, this therapy should be used with decreasing frequency throughout the treatment plan as the patient leaves the acute phase of injury. In injuries of this magnitude, I opine that 1 unit of manual therapy (97140) was reasonable and necessary. 1 unit was billed. Massage (97124) is effective for increasing circulation, decreasing muscle soreness, and decreasing muscle spasm. 1opine that 16 units of massage (97124) would be reasonable in this case. 16 units were billed. Ice/heat (97010) isa therapy that can be utilized during other passive modalities (such as EMS), and therefore I do not opine this is a therapy that should be billed for. 3 units were billed. Water massage table (97039) was, at limes, billed on the same date of service as massage (97124) and therefore 1do not opine this as a reasonable therapy to be billed for. 4 units were billed. Tuong Nguyen August 14, 2019 CASE#: 20877189 Page 3 of 4 CHARGES Martin Williams, D.C.'s Fee Schedule Initial Exam {99202): $150.00 is reasonable. Re-Exam {99212): $90.00 is reasonable. Office Visit {99211 ): $75.00 is reasonable. CMT {98941 ): $82.00, I opine $70.00 is reasonable. Massage {97124): $53.00 is reasonable. Intersegmental traction {97012): $50.00, I opine $40.00 is reasonable. Water Massage Table {97039): $53.00, I opine $40.00 is reasonable. Electric Slim {97014): $40.00 is reasonable. Manual therapy {97140): $60.00, I opine $50.00 is reasonable. Ice/heat {97010): $25.00, I opine $20.00 is reasonable. Narrative Report {99080): $300.00, I opine $100.00 is reasonable. The above fee schedule was based on prices that I have observed to be charged by myself and other doctors of chiropractic in the DFW and surrounding areas. In conclusion, the treatment I opine as necessary is 1 exam {99202), 1 re-exam {99212), 2 office visits{99211 ), 6 units of CMT {98941 ), 16 units of massage {97124), 15 units of intersegmental traction {97012), 12 units of electric slim {97014), 1 unit of manual therapy {97140), and 1 narrative report {99080). The therapy I do not opine as necessary is 4 units of intersegmental traction {97012), 4 units of water massage table {97039), 12 office visits{99211 ), and 3 units of ice/heat {97010). There were no changes in the patient's condition or circumstances noted in the records to warrant 12 office visits {99211 ). Thank you for the opportunity to review the medical records on Mr. Tuong Nguyen. Dictated, reviewed, opinion verified, and attested to by my original signature. Sincerely, l::>.G. Nichole Porteus, D.C. Doctor of Chiropractic 12531 NP/pl The opinions rendered in this case are the opinions of the evaluator. This review has been conducted on the basis of the medical records provided, with the assumption that the material istrue and correct. Ifmore information becomes available at a later date, an additional service/report/reconsideration may be requested. Tuong Nguyen August 14, 2019 CASE#: 20811189 Page 4 of 4 SUMMARY OF RECORDS • Accident Care Chiro Med, Martin Williams, D.C .. 01/18/ll, 01/19/11, 01/23/ll, 01/25/11, 01/31/11, 02/03/11, 02/09/11, 02/13/11, 02/16/11, 02/20/11, 03/01/11, 03/13/11, 03/14/11, 03/11/11, 03/20/11, 03!23/1l,03!2l/1l,04/03/1l,04/04/1l,04/11!1l,04/1l/1l • Plaintiff's Tuong Nguyen Responses to Defendant's Request for Disclosure, Ol /31/19 • Medical Records Affidavit, Accident Care Chiro Med, 04/24/11 • Affidavit of Records Custodian of Accident Care Chiro Med, 04/24/11 • Itemized Statement, Allstate Fire & Casualty INS Co, Estimate of Record, Written By: Jordan Payne: Adjuster: Jordan Payne, 01/28/11 • Itemized Statement, Allstate Fire & Casualty INS Co, Estimate of Record, Written By: Collin Yetter; Adjuster: Collin Yetter, 01/09/11 • Itemized Statement. Allstate Fire & Casualty INS Co, Supplement of Record 1 Summary, Written By: Jeffrey Simms: Adjuster: Collin Yetter, 09 /14/ll • Color Photographs, 40 images • Itemized Statement, Accident Care Chiro Med, Charge Report, Dales of Service, 01/18/11-04/11Ill • Health Insurance Claim Form, Accident Care Chiro Med, Dr. Martin Williams, D.C., Dales of Service, ., 01/18/11, 01/19/11, 01/23/11, 01/25/11, 01/31/11, 02/03/11, 02/09/11, 02/13/11, 02/16/11, 02/20/11, 03/01/11, 03/13/11, 03/14/11, 03/11/11, 03/20/11, 03/23/11, 03/21/11, 04/03/11, 04/04/11, 04/11/11, 04/11 Ill DR. NIKKI PORTEUS Education December, 2013. ~. Parker . University, Dallas TX - Doctorate of Chiropractic May, 2007- University of Colorado, Boulder CO- BA in Integrative Physiology May, 2006- Front Range Community College- Certified Nurses Assistant Experience Chiropractor/Owner, Renew & Restore Wellness; Southlake TX- 2018-Present • Establish business and carry out all business operations • Chiropractic business marketing • Chiropractic business accounting • Schedule patients • Obtain & review patient medical histories • Perform chiropractic exams and review exam findings • Establish patient diagnoses • Formulate individualized chiropractic treatment plans • Perform chiropractic adjustments and therapies • Chiropractic billing and collection of payment Chiropractor/Associate, APEX Wellness Center; Dallas, TX- 2014- 2017 • Scheduled patients • Obtained and reviewed patient medical histories • Perfomned chiropractic exams and reviewed exam findings • Established patient diagnoses • Fomnulated Individualized chiropractic treatment plans • Performed chiropractic adjustments and therapies • Collection of payment Chiropractic Intern, Parker Chiropractic Clinic; Dallas, TX- 2012-2013 • Obtained and reviewed patient medical histories • Performed chiropractic exams and reviewed exam findings • Established patient diagnoses • Formulated individualized chiropractic treatment plans • Performed chiropractic adjustments and therapies Chiropractic Assistant, APEX Wellness Center; Dallas, TX - 2009 - 2014 • Scheduled patients • Answered phones • Performed chiropractic modalities • Verified insurance benefits • Posted Explanations of Benefits to patient ledgers • Collected payment Patient Care Technician, Children's Medical Center; Dallas, TX - 2008 - 2009 Measured and reported patient vital signs Obtained and sent off urine and stool specimens to lab for testing Provided linen changes Assisted nurses with procedures Accomplishments NBCE Board Certified In Parts I, II, ill, IV NBCE Board Certified in Physical Therapy Licensed with the Texas Board of Chiropractic Examiners