Preview
352-281484-15 FILED
TARRANT COUNTY
1/29/2016 9:09:24 AM
CAUSE NO. 352-281484-15 THOMAS A. WILDER
DISTRICT CLERK
MILLICENT EDWARD, § IN THE DISTRICT COURT
PLAINTIFF, §
§
VS. § 352ND JUDICIAL DISTRICT
§
§
LYNN SMITH CHEVROLET, §
DEFENDANT. § TARRANT COUNTY, TEXAS
DEFENDANT LYNN SMITH CHEVROLET’S NOTICE OF FILING OF
CONTROVERTING AFFIDAVIT OF PAUL STRUBE, D.C.
REGARDING MILLICENT EDWARD
NOW COME Defendant Lynn Smith Chevrolet, and hereby files and gives notice of filing of
Controverting Affidavit of Paul Strube, D.C. regarding Millicent Edward attached hereto as “Exhibit
1.”
Respectfully Submitted,
DAVID KLOSTERBOER & ASSOCIATES
/s/ Micah P. Pardun
__________________________________
MICAH P. PARDUN
Texas Bar No. 24041643
1301 E. Collins Blvd., Suite 490
Richardson, Texas 75081
Direct Telephone: 214-570-6245
Main Telephone: 214-570-6300
Direct Facsimile: 855-748-3821
E-Mail: mpardun@travelers.com
ATTORNEYS FOR DEFENDANT
LYNN SMITH CHEVROLET
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 1
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
CERTIFICATE OF SERVICE
This is to certify that, on this the 29th day of January, 2016, a true and correct copy of the
foregoing document was forwarded to all counsel of record as follows:
Jane Deleeuw ____ Hand Delivery
Rolle, Breeland,Ryan, Landau, Wingler & ____ Facsimile
Hindman ____ Certified Mail, Return Receipt Requested
2030 Main Street, Suite 200 ____ Receipted Commercial Delivery
Dallas, Texas 75201 ____ Regular U.S. Mai
Facsimile 214-637-6872 __X Served Electronically
Email: dianas@rbrl.com
Attorney for Plaintiff, Millicent Edward
/s/ Micah P. Pardun
_______________________________________
Micah P. Pardun
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 2
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
EXHIBIT “1”
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 3
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
CAUSE NO. 352-281484
MILLICENT EDWARDS § IN THE DISTRICT COURT
§
v. § 352N° DISTRICT
§
LYNN SMITH CHEVROLET § TARRANT COUNTY, TEXAS
CONTROVERTING AFFIDAVIT REGARDING MILLICENT EDWARDS
BEFORE ME, the undersigned authority , on this day personally appeared Paul Strube,
D.C., known to me to be the person whose name is subscribed to the following -instrument and ,
having been by me duly sworn , upon his oath , deposed and states as follows :
1. "My name is Paul Strube, D.C.; I am over the age of eighteen (18) years.
I am an adult resident of Hilltop Lakes , Leon County , Texas, and Iam fully
competent and able to testify herein .I am a doctor of chiropractic licensed to
practice in the State of Texas. I am also qualified by education to offer expert
opinion as an accident reconstructionist including the biomechanics of low speed
impacts. I state that I am qualified by knowledge, skill , experience, training , and
education to make the statements contained in this affidavit.Please see my
curriculum vitae attached hereto and incorporated herein by reference as Exhibit
A which includes certificates evidencing my training in accident reconstruction
which included biomechanics , and a separate cou rse devoted to the
biomechanics of low speed impacts. I am familia r with reasonable and customary
charges for chiropractic services in Dallas, Tarrant, Collin and surrounding
counties. I have personal knowledge of all the facts set forth herein and that all
said facts contained herein are true and correct.
2. I have reviewed a description of the accident; and medical ·and billing
records , and medical and billingrecords affidavits of TEXAS WORKERS REHAB
(i.e. lhab Kayello, DC) ; MID-CITIES IMAGING; JAIME RAMIREZ, MD ; and
COMPREHENSIVE SPINE CENTER OF DALLAS (i.e. Arash Bidgoli, DO)
showing the records and charges incurred for services provided to Mill icent
Edwards for treatment of injuries allegedly sustained in an accident that occurred
on 1/18/2014.
3. I find that based on the above records , none of the services provided to
Millicent Edwards were medically necessary as related to the subject accident.
Further I refer to my report dated January 27, 2016 a true and correct copy of
which is attached to this affidavit and incorporated herein by reference as Exhibit
B.
CONTROVERTING AFFIDAVIT REGARDING MILLICENT EDWARDS- Page 1
Exhibit "1" - Page 1
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 4
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
Further Affiant sayeth not. "
j;/l#.Dc:__
Paul Strube , D.C. r
SU~CRIBED AND SWORN TO before me, the undersigned authority on this
L8~ day of January 2016, to certify which witness my hand and official seal.
'"
LORI ENGELS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154004748
MY COMMiSSION EXPIRES FEBRUARY 03, 2019
CERTIFICATE OF SERVIC
In accordance with Rule 21a of the Texas Rules of Civil Procedure, I hereby certify that a
true and correct copy of the above and foregoing document has been forwarded to all
counsel of record , by:
_ _ _ Facsimile
_ _ _ Certified Mail , Retu rn Receipt Requested
___ U.S. Mail
_ _ _ Email
on th is ___ day of January, 2016.
Micah Pardun
CONTROVERTING AFFIDAVIT REGARDING MILLICENT EDWARDS- Page 2
Exhibit "1" - Page 2
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 5
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
EXHIBIT “A”
Exhibit "1" - Page 3
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 6
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
Paul Strube, DC 352-281484-15
P.O. Box 1280
Hilltop Lakes, Texas 77871
(903) 539-9735
Curriculum Vitae / Personal Information
Education
Advanced Collision Reconstruction May 2011 Completed 240 hour program
Texas Engineering Extension Service (TEEX)
Texas A & M University
Passed Credentialing Exam April 1995 Credentialed in McKenzie Mechanical
McKenzie Institute, USA Diagnosis and Treatment (Cred MDT)
McKenzie Institute Courses 1989 – 1994
All courses (Parts A-D)
Parker College of Chiropractic Sept 1987 – Aug 1990 Doctor of Chiropractic (D.C.)
Dallas, Texas
Eastfield College Sept 1986 – Sept 1987 science prerequisites for DC college
Mesquite, Texas
Dallas Theological Seminary July 1983 – May 1989 Master of Theology (ThM)
Dallas, Texas Major: Hebrew
Texas Tech University Jan 1974 – Aug 1975 Bachelor of Business Administration (BBA)
Lubbock, Texas
Houston Baptist University Sept 1973 – Dec 1973
Houston, Texas
U.S. Naval Academy July 1972 – Sept 1973 Voluntary resignation
Annapolis, Maryland
Rim of the World High School 1968 – 1972
Lake Arrowhead, California
Honors
High school valedictorian – 4.0 grade point average
Southern California high school wrestling championship tournament
Appointments to:
U.S. Air Force Academy – declined appointment to accept appointment to U.S. Naval Academy
U.S. Naval Academy – ranked in top 10% of class at time of resignation from the academy
License
Texas Chiropractic License: DC 5486 Texas Board of Chiropractic Examiners
awarded July 17, 1990 (512) 305-6700
license has been current since first awarded
Exhibit A
Exhibit "1" - Page 4
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 7
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
Re: Paul Strube, DC 352-281484-15
Curriculum Vitae / Personal Information
Page 2
Current Employment:
Paul Strube, DC January 1998 to present reviewing records, expert witness
Winnsboro, Texas
Hilltop Lakes, Texas
Past Employment:
Paul Strube, DC May 1997 – December 1997 treating patients, reviewing records
Dallas, Texas expert witness
Intracorp January – September 1997 Chiropractic Physician Advisor
Dallas, Texas (part time)
North Texas Pain Management October 1995 – May 1997 treating patients in a multi-Dallas,
Dallas, Texas disciplinary clinic with MDs
Paul Strube, DC July 1991 – October 1995 treating patients
Dallas, Texas
Community Chiropractic Clinic Dec 1990 – July 1991 treating patients
Terrell, Texas
Back and Neck Care Clinic Sept 1990 – Dec 1990 treating patients
Mesquite, Texas
Leawood Computer Services 1981 – 1983 accounting computer service
Kansas City, Missouri
Stanley M. Burnstein, attorney 1982 assistant – part time
Kansas City, Missouri
Clevenger Homes, Inc 1977 – 1981 bookkeeper/office manager
Kansas City, Missouri
Professional References:
th
Kyle Sunderman, DC 1634 17 St (806) 762-2279
Lubbock, TX 79401
Maury Guzick, DC Intracorp (972) 307-2700 Ext 74654
12100 Ford Rd
Dallas, TX 75234
Ron Donelson, MD Orthopedic Surgeon (603) 643-8678
McKenzie Institute
13 Gibson Rd
Hanover, NH 03755
Patrick McKeethen, PT Baylor Medical Center – Irving (972) 579-8155
1901 N. MacArthur Blvd
Irving, TX 75061
Ann Carlton, PT McKenzie Institute International (800) 233-8501
8332 Regents Rd, Unit E
San Diego, CA 92122-1305
Exhibit "1" - Page 5
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 8
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
Re: Paul Strube, DC 352-281484-15
Curriculum Vitae / Personal Information
Page 3
Lee Parker, claims adjuster Hallmark Claims Service (972) 960-2277
14651 Dallas Parkway, #205 Ext 5758
Dallas, TX 75240
Angelia Megahan, Attorney Amis & Bell (817) 640-0465
2301 E. Lamar Blvd #250
Arlington, TX 76006
Personal
5’9”, 155 lbs, some hair, blue eyes, 60 years old (as of 2014)
Curriculum Vitae – Seminars attended
“Spine 2”, Motion Palpation Institute Seminar 1989
“Soft Tissue”, Motion Palpation Institute Seminar 1990
“The Spine – Mechanical Diagnosis and Therapy (Part A – The Lumbar Spine)” April 1991
McKenzie Institute USA
First International McKenzie Conference August 23-24, 1991
Parker Fall Relicensing Seminar October 1991
“The Spine – Mechanical Diagnosis and Therapy (Part B – The Cervical and February 1992
Thoracic Spine)”, McKenzie Institute USA
“The Spine – Mechanical Diagnosis and Therapy (Part C – Practical Workshop)” July 17-19, 1992
McKenzie Institute USA
“Occupational Spinal Disorders: Primary, Secondary and Tertiary Care and October 1-3, 1992
Prevention”, PRIDE Research Foundation Conference
rd
“Rating Spinal Impairment Using the 3 Edition Revised AMA Guides” October 3, 1992
PRIDE Research Foundation
Parker Fall Relicensing Seminar October 1992
“Medical Review Education Seminar” Spring 1993
Texas Workers Compensation Commission
“Posterior Lumbar Interbody Fusion” (Scott Blumenthal, MD) September 3, 1993
Texas Back Institute Research Foundation Neuroscience Conference
Parker Fall Relicensing Seminar October 1993
“Biomechanics of Motion Segment Buckling” (John Triano, DC) January 28, 1994
Texas Back Institute Research Foundation Neuroscience Conference
“Diagnostic and Invasive Testing” (Charles Aprill, MD) August 5, 1994
Texas Back Institute Research Foundation Neuroscience Conference
“Cervical Disc Disease” (Steve Mason, MD) October 7, 1994
Texas Back Institute Research Foundation Neuroscience Conference
“The Spine – Mechanical Diagnosis and Therapy (Part D – Therapists Techniques)” September 9-12, 1994
McKenzie Institute USA
Exhibit "1" - Page 6
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 9
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
Re: Paul Strube, DC 352-281484-15
Curriculum Vitae / Personal Information
Page 4
Parker Fall Relicensing Seminar October 1994
“Spinal Tumors” (Steve Mason, MD) January 6, 1995
Texas Back Institute Research Foundation Neuroscience Conference
“Management of Sacroiliac Disorders” (John Triano, DC) January 13, 1995
Texas Back Institute Research Foundation Neuroscience Conference
“New Innovations in Spine Imaging” (Philip Shalen, MD) January 20, 1995
Texas Back Institute Research Foundation Neuroscience Conference
“Spine Injuries and Swimmers” (Andrew Cole, MD) January 27, 1995
Texas Back Institute Research Foundation Neuroscience Conference
“The Spine – Mechanical Diagnosis and Therapy (Part C – Practical Workshop)” January 27-29, 1995
McKenzie Institute USA (taken again for review)
“Cervical Fractures” (Anthony McBride, MD) February 10, 1995
Texas Back Institute Research Foundation Neuroscience Conference
Passed Credentialing Examination – McKenzie Institute USA April 8, 1995
nd
McKenzie Institute USA 2 Educational Update July 15-16, 1995
Parker College Relicensing Seminar October 1995
Monthly attendance – DFW Metroplex McKenzie Study Group 1992 – 1997
Observation of numerous epidural injections under fluoroscopy by
anesthesiologist Kenneth Reed, MD at Presbyterian Hospital of Dallas April 11, 1996
Observation of lumbar surgery (microlumbar discectomy) by neurosurgeon May 17, 1996
Richard Weiner, MD at Presbyterian Hospital of Dallas
Observation of lumbar discectomy and fusion with BAC implants by orthopedic June 24, 1996
surgeon John Peloza, MD at Presbyterian Hospital of Plano
Parker Fall Relicensing Seminar October 1996
Parker Fall Relicensing Seminar October 1997
Parker Fall Relicensing Seminar October 1998
Chiropractic Research: The Year in Review November 1999
Chiropractic Research: The Year in Review November 2000
Manipulation under Anesthesia November 2001
Texas Chiropractic College
“Protect Your Back” Instructor Course – American Red Cross November 2002
Chiropractic Research: The Year in Review November 2003
Chiropractic Research: The Year in Review November 2004
Chiropractic Research: The Year in Review November 2005
Chiropractic Research: The Year in Review November 2006
Chiropractic Research: The Year in Review November 2007
Chiropractic Research: The Year in Review November 2008
Chiropractic Research: The Year in Review November 2009
Parker Relicensing Seminar June 2010
Exhibit "1" - Page 7
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 10
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
Re: Paul Strube, DC 352-281484-15
Curriculum Vitae / Personal Information
Page 5
Intermediate Collision Investigation 40 hours October 11-15, 2010
Texas Engineering Extension Service (TEEX)
Texas A & M University
Advanced Collision Investigation 80 hours October 18-29, 2010
Texas Engineering Extension Service (TEEX)
Texas A & M University
Collision Reconstruction 80 hours May 9-20, 2011
Texas Engineering Extension Service (TEEX)
Texas A & M University
Crush Energy in Accident Reconstruction 40 hours May 23-27, 2011
Texas Engineering Extension Service (TEEX)
Texas A & M University
“Advanced Collision Reconstructionist” May 27, 2011
Texas Engineering Extension Service (TEEX)
Texas A & M University
Certificate awarded for completion of the above
240 hour Accident Reconstruction program
Coding, Compliance & Documenting Medical Necessity 16 hours June 25-26, 2011
in Chiropractic Practice
Biomechanics of Low Speed Impacts 8 hours November 17, 2011
Introtech Crash Reconstruction Services
Personal Injury: Treatment, Coding, Billing and Risk Management
Texas Chiropractic Association 16 hours September 22-23, 2012
21st Century Chiropractic: What You Really Need to Know about August 10-11, 2013
Documentation, Compliance & Active Rehab 16 hours
New CPT and ICD10 Essentials & Myofascial Release with TBCE Required Hours September 13-14, 2014
16 hours
Coding changes & EHR Issues, TBCE Required Hours, & Myofascial Release November 14-15, 2015
16 hours
NOTE:
My education in chiropractic college and in continuing education courses thereafter, has included education
as to when, under what circumstances, and to what other healthcare providers referrals of patients should
be made -- whether to an emergency room, a family practice doctor, an orthopedic surgeon or
neurosurgeon, anesthesiologist/pain medicine specialist, physical medicine, to a physical therapist or other
chiropractor, etc; when various forms of testing is warranted including xray, MRI, CT, electrodiagnostic
testing, physical capacity evaluation, etc; and education to be able to understand reports written by these
various other healthcare providers to whom chiropractic patients are referred.
Furthermore, when treating patients I have had experience referring patients to medical doctors of various
specialties including neurologist, orthopedic surgeon, neurosurgeon, physical therapist,
anesthesiologist/pain management, etc, and in reading and understanding reports written by these various
other providers after their evaluation of my patients.
Exhibit "1" - Page 8
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 11
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
THE TEXAS A&M UNIVERSITY SYSTEM
Texas Engineering Extension Service
Be it known that
has completed the training and satisfied the requirements for
ADVANCED COLLISION RECONSTRUCTIONIST
with all the honors, rights, and privileges belonging thereto.
Given under the seal of the Texas Engineering Extension Service
and The Texas A&M University System
on the twenty-seventh day of May, two thousand and eleven.
/nm-m'tS ~
Thomas N. Shehan. Division Director
Texas Engineenng Extension SeNice Exhibit "1" - Page 9 Public Safety end Security
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 12
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
TEXAS ENGINEERING EXTENSION SERVICE
The Texas A&M University System
7
TRAIN • SERVE • RESPOND
Paul E. Strube, DC
has successfully completed
Intermediate Collision Investigation
San Antonio, TX
40 Hours
October 15, 2010
Thomas N. Shehan, Division Director
Texas Engineering Extension Service Public Safety and Security
Exhibit "1" - Page 10
LS AJR540 0023 TEEX 10 :
1020312 Stoto Board for Educator CertiflceUon *500132
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 13
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
TEXAS ENGINEERING EXTENSIONSERVICE
The Texas A&M University System
TRAIN • SERVE • RESPOND
Paul E. Strube, DC
has successfully completed
Advanced Collision Investigation
Webster, TX
80 Hours
October 29, 2010
Thomas N. Shehan, Division Director
Texas Engineering Extension Service Public Safety and Security
Exhibit "1" - Page 11
State Bo"rd fur Educetar CertirtC&tton • 500132
LS AIR54 5 00321'EEX 10:
1020312
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 14
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
TEXAS-ENGINEERING EXTENSION SERVICE
The Texas A&M University System
TRAIN • SERVE • RESPOND
Paul E. Strube, DC
has successfully completed
Collision Reconstruction
Humble, TX
80 Hours
May 20, 2011
Thomas N. Shehan, Division Director
Texas Engineering Extension Service Exhibit "1" - Page 12 Public Safety and Security
State Boa rd for Educator Cortiflcallon ~00132
LS AIR550 0029
DEFENDANT
TEEX 10:
LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING
1063237
PAGE 15
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
TEXAS ENGINEERING EXTENSION SERVICE
Th,e Texas A&M University System
TRAIN • SERVE • RESPOND
Paul E. Strube, DC
has successfully completed
Vehicle Damage & Energy Relationship
Bryan, TX
40 Hours
May 27, 2011
Thomas N. Shehan, Division Director
Texas Engineering Extension SeNice Exhibit "1" - Page 13 Public Safety and Security
DEFENDANT
LS AIR5<16 0001TEEX 10:
LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING
1 ~12
PAGE 16
State Board for Educator Cortiftcatlon •500t 32
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
lntRotecb CRasb ReconstRoctfon SeRvices
This is to certify that
CJlau{P,. Stru6e, (])C
Has successfully completed an 8 hour course in
Bfornecbanfcs o~ Loro Spee~ Impacts
November 17, 2011
Exhibit "1" - Page 14
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 17
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
EXHIBIT “B”
Exhibit "1" - Page 15
DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 18
AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD
352-281484-15
Medical Review
Paul Strube, DC P.O. Box 1280 Hilltop Lakes, TX 77871
(903) 539-9735
January 27, 2016
Micah Pardun Re: Millicent Edwards
David Klosterboer & Associates Cause No: 352-281484-15
1301 E. Collins Blvd, Suite 490 E5R1233
Richardson, TX 75081 Defendant: Lynn Smith Chevrolet
DOI: 1/18/2014
Conclusion
Millicent Edwards, age 43 (DOB: 4/30/1970) was not significantly injured in the subject accident.
From an accident reconstruction perspective – available records show this to have been a minor,
low speed, backing up accident. A low speed accident such as this does not have the potential to cause
significant bodily injury as would warrant medical evaluation or treatment.
Consequently, none of the medical services provided to Millicent Edwards were medically
necessary as related to the subject accident.
From a solely chiropractic perspective – even ifa jury were to conclude that this was an injury
producing accident that warranted medical evaluation and a course of treatment, not all of the services
provided by or on referral from Ihab Kayello, DC or other chiropractor(s) of Texas Workers Rehab
beginning 1/25/14 were medically necessary.
Referral to Jaime Ramirez, MD on 2/10/14 was not medically necessary.
The cervical MRI and lumbar MRI performed on 3/30/14 were not medically necessary.
Referral to Arash Bidgoli, DO on 8/19/14 was not medically necessary.
The following considerations support this conclusion --
Description of the accident
Millicent Edwards was the driver of a vehicle that was parked in a mechanic bay of a car
dealership where she had just had her oil changed, when another vehicle backed into the passenger side
of her vehicle. No photographs or damage estimates are available for review.
Treatment
Ms. Edwards sought no medical
Preview
352-281484-15 FILED TARRANT COUNTY 1/29/2016 9:09:24 AM CAUSE NO. 352-281484-15 THOMAS A. WILDER DISTRICT CLERK MILLICENT EDWARD, § IN THE DISTRICT COURT PLAINTIFF, § § VS. § 352ND JUDICIAL DISTRICT § § LYNN SMITH CHEVROLET, § DEFENDANT. § TARRANT COUNTY, TEXAS DEFENDANT LYNN SMITH CHEVROLET’S NOTICE OF FILING OF CONTROVERTING AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD NOW COME Defendant Lynn Smith Chevrolet, and hereby files and gives notice of filing of Controverting Affidavit of Paul Strube, D.C. regarding Millicent Edward attached hereto as “Exhibit 1.” Respectfully Submitted, DAVID KLOSTERBOER & ASSOCIATES /s/ Micah P. Pardun __________________________________ MICAH P. PARDUN Texas Bar No. 24041643 1301 E. Collins Blvd., Suite 490 Richardson, Texas 75081 Direct Telephone: 214-570-6245 Main Telephone: 214-570-6300 Direct Facsimile: 855-748-3821 E-Mail: mpardun@travelers.com ATTORNEYS FOR DEFENDANT LYNN SMITH CHEVROLET DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 1 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 CERTIFICATE OF SERVICE This is to certify that, on this the 29th day of January, 2016, a true and correct copy of the foregoing document was forwarded to all counsel of record as follows: Jane Deleeuw ____ Hand Delivery Rolle, Breeland,Ryan, Landau, Wingler & ____ Facsimile Hindman ____ Certified Mail, Return Receipt Requested 2030 Main Street, Suite 200 ____ Receipted Commercial Delivery Dallas, Texas 75201 ____ Regular U.S. Mai Facsimile 214-637-6872 __X Served Electronically Email: dianas@rbrl.com Attorney for Plaintiff, Millicent Edward /s/ Micah P. Pardun _______________________________________ Micah P. Pardun DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 2 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 EXHIBIT “1” DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 3 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 CAUSE NO. 352-281484 MILLICENT EDWARDS § IN THE DISTRICT COURT § v. § 352N° DISTRICT § LYNN SMITH CHEVROLET § TARRANT COUNTY, TEXAS CONTROVERTING AFFIDAVIT REGARDING MILLICENT EDWARDS BEFORE ME, the undersigned authority , on this day personally appeared Paul Strube, D.C., known to me to be the person whose name is subscribed to the following -instrument and , having been by me duly sworn , upon his oath , deposed and states as follows : 1. "My name is Paul Strube, D.C.; I am over the age of eighteen (18) years. I am an adult resident of Hilltop Lakes , Leon County , Texas, and Iam fully competent and able to testify herein .I am a doctor of chiropractic licensed to practice in the State of Texas. I am also qualified by education to offer expert opinion as an accident reconstructionist including the biomechanics of low speed impacts. I state that I am qualified by knowledge, skill , experience, training , and education to make the statements contained in this affidavit.Please see my curriculum vitae attached hereto and incorporated herein by reference as Exhibit A which includes certificates evidencing my training in accident reconstruction which included biomechanics , and a separate cou rse devoted to the biomechanics of low speed impacts. I am familia r with reasonable and customary charges for chiropractic services in Dallas, Tarrant, Collin and surrounding counties. I have personal knowledge of all the facts set forth herein and that all said facts contained herein are true and correct. 2. I have reviewed a description of the accident; and medical ·and billing records , and medical and billingrecords affidavits of TEXAS WORKERS REHAB (i.e. lhab Kayello, DC) ; MID-CITIES IMAGING; JAIME RAMIREZ, MD ; and COMPREHENSIVE SPINE CENTER OF DALLAS (i.e. Arash Bidgoli, DO) showing the records and charges incurred for services provided to Mill icent Edwards for treatment of injuries allegedly sustained in an accident that occurred on 1/18/2014. 3. I find that based on the above records , none of the services provided to Millicent Edwards were medically necessary as related to the subject accident. Further I refer to my report dated January 27, 2016 a true and correct copy of which is attached to this affidavit and incorporated herein by reference as Exhibit B. CONTROVERTING AFFIDAVIT REGARDING MILLICENT EDWARDS- Page 1 Exhibit "1" - Page 1 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 4 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 Further Affiant sayeth not. " j;/l#.Dc:__ Paul Strube , D.C. r SU~CRIBED AND SWORN TO before me, the undersigned authority on this L8~ day of January 2016, to certify which witness my hand and official seal. '" LORI ENGELS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154004748 MY COMMiSSION EXPIRES FEBRUARY 03, 2019 CERTIFICATE OF SERVIC In accordance with Rule 21a of the Texas Rules of Civil Procedure, I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all counsel of record , by: _ _ _ Facsimile _ _ _ Certified Mail , Retu rn Receipt Requested ___ U.S. Mail _ _ _ Email on th is ___ day of January, 2016. Micah Pardun CONTROVERTING AFFIDAVIT REGARDING MILLICENT EDWARDS- Page 2 Exhibit "1" - Page 2 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 5 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 EXHIBIT “A” Exhibit "1" - Page 3 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 6 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD Paul Strube, DC 352-281484-15 P.O. Box 1280 Hilltop Lakes, Texas 77871 (903) 539-9735 Curriculum Vitae / Personal Information Education Advanced Collision Reconstruction May 2011 Completed 240 hour program Texas Engineering Extension Service (TEEX) Texas A & M University Passed Credentialing Exam April 1995 Credentialed in McKenzie Mechanical McKenzie Institute, USA Diagnosis and Treatment (Cred MDT) McKenzie Institute Courses 1989 – 1994 All courses (Parts A-D) Parker College of Chiropractic Sept 1987 – Aug 1990 Doctor of Chiropractic (D.C.) Dallas, Texas Eastfield College Sept 1986 – Sept 1987 science prerequisites for DC college Mesquite, Texas Dallas Theological Seminary July 1983 – May 1989 Master of Theology (ThM) Dallas, Texas Major: Hebrew Texas Tech University Jan 1974 – Aug 1975 Bachelor of Business Administration (BBA) Lubbock, Texas Houston Baptist University Sept 1973 – Dec 1973 Houston, Texas U.S. Naval Academy July 1972 – Sept 1973 Voluntary resignation Annapolis, Maryland Rim of the World High School 1968 – 1972 Lake Arrowhead, California Honors High school valedictorian – 4.0 grade point average Southern California high school wrestling championship tournament Appointments to: U.S. Air Force Academy – declined appointment to accept appointment to U.S. Naval Academy U.S. Naval Academy – ranked in top 10% of class at time of resignation from the academy License Texas Chiropractic License: DC 5486 Texas Board of Chiropractic Examiners awarded July 17, 1990 (512) 305-6700 license has been current since first awarded Exhibit A Exhibit "1" - Page 4 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 7 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD Re: Paul Strube, DC 352-281484-15 Curriculum Vitae / Personal Information Page 2 Current Employment: Paul Strube, DC January 1998 to present reviewing records, expert witness Winnsboro, Texas Hilltop Lakes, Texas Past Employment: Paul Strube, DC May 1997 – December 1997 treating patients, reviewing records Dallas, Texas expert witness Intracorp January – September 1997 Chiropractic Physician Advisor Dallas, Texas (part time) North Texas Pain Management October 1995 – May 1997 treating patients in a multi-Dallas, Dallas, Texas disciplinary clinic with MDs Paul Strube, DC July 1991 – October 1995 treating patients Dallas, Texas Community Chiropractic Clinic Dec 1990 – July 1991 treating patients Terrell, Texas Back and Neck Care Clinic Sept 1990 – Dec 1990 treating patients Mesquite, Texas Leawood Computer Services 1981 – 1983 accounting computer service Kansas City, Missouri Stanley M. Burnstein, attorney 1982 assistant – part time Kansas City, Missouri Clevenger Homes, Inc 1977 – 1981 bookkeeper/office manager Kansas City, Missouri Professional References: th Kyle Sunderman, DC 1634 17 St (806) 762-2279 Lubbock, TX 79401 Maury Guzick, DC Intracorp (972) 307-2700 Ext 74654 12100 Ford Rd Dallas, TX 75234 Ron Donelson, MD Orthopedic Surgeon (603) 643-8678 McKenzie Institute 13 Gibson Rd Hanover, NH 03755 Patrick McKeethen, PT Baylor Medical Center – Irving (972) 579-8155 1901 N. MacArthur Blvd Irving, TX 75061 Ann Carlton, PT McKenzie Institute International (800) 233-8501 8332 Regents Rd, Unit E San Diego, CA 92122-1305 Exhibit "1" - Page 5 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 8 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD Re: Paul Strube, DC 352-281484-15 Curriculum Vitae / Personal Information Page 3 Lee Parker, claims adjuster Hallmark Claims Service (972) 960-2277 14651 Dallas Parkway, #205 Ext 5758 Dallas, TX 75240 Angelia Megahan, Attorney Amis & Bell (817) 640-0465 2301 E. Lamar Blvd #250 Arlington, TX 76006 Personal 5’9”, 155 lbs, some hair, blue eyes, 60 years old (as of 2014) Curriculum Vitae – Seminars attended “Spine 2”, Motion Palpation Institute Seminar 1989 “Soft Tissue”, Motion Palpation Institute Seminar 1990 “The Spine – Mechanical Diagnosis and Therapy (Part A – The Lumbar Spine)” April 1991 McKenzie Institute USA First International McKenzie Conference August 23-24, 1991 Parker Fall Relicensing Seminar October 1991 “The Spine – Mechanical Diagnosis and Therapy (Part B – The Cervical and February 1992 Thoracic Spine)”, McKenzie Institute USA “The Spine – Mechanical Diagnosis and Therapy (Part C – Practical Workshop)” July 17-19, 1992 McKenzie Institute USA “Occupational Spinal Disorders: Primary, Secondary and Tertiary Care and October 1-3, 1992 Prevention”, PRIDE Research Foundation Conference rd “Rating Spinal Impairment Using the 3 Edition Revised AMA Guides” October 3, 1992 PRIDE Research Foundation Parker Fall Relicensing Seminar October 1992 “Medical Review Education Seminar” Spring 1993 Texas Workers Compensation Commission “Posterior Lumbar Interbody Fusion” (Scott Blumenthal, MD) September 3, 1993 Texas Back Institute Research Foundation Neuroscience Conference Parker Fall Relicensing Seminar October 1993 “Biomechanics of Motion Segment Buckling” (John Triano, DC) January 28, 1994 Texas Back Institute Research Foundation Neuroscience Conference “Diagnostic and Invasive Testing” (Charles Aprill, MD) August 5, 1994 Texas Back Institute Research Foundation Neuroscience Conference “Cervical Disc Disease” (Steve Mason, MD) October 7, 1994 Texas Back Institute Research Foundation Neuroscience Conference “The Spine – Mechanical Diagnosis and Therapy (Part D – Therapists Techniques)” September 9-12, 1994 McKenzie Institute USA Exhibit "1" - Page 6 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 9 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD Re: Paul Strube, DC 352-281484-15 Curriculum Vitae / Personal Information Page 4 Parker Fall Relicensing Seminar October 1994 “Spinal Tumors” (Steve Mason, MD) January 6, 1995 Texas Back Institute Research Foundation Neuroscience Conference “Management of Sacroiliac Disorders” (John Triano, DC) January 13, 1995 Texas Back Institute Research Foundation Neuroscience Conference “New Innovations in Spine Imaging” (Philip Shalen, MD) January 20, 1995 Texas Back Institute Research Foundation Neuroscience Conference “Spine Injuries and Swimmers” (Andrew Cole, MD) January 27, 1995 Texas Back Institute Research Foundation Neuroscience Conference “The Spine – Mechanical Diagnosis and Therapy (Part C – Practical Workshop)” January 27-29, 1995 McKenzie Institute USA (taken again for review) “Cervical Fractures” (Anthony McBride, MD) February 10, 1995 Texas Back Institute Research Foundation Neuroscience Conference Passed Credentialing Examination – McKenzie Institute USA April 8, 1995 nd McKenzie Institute USA 2 Educational Update July 15-16, 1995 Parker College Relicensing Seminar October 1995 Monthly attendance – DFW Metroplex McKenzie Study Group 1992 – 1997 Observation of numerous epidural injections under fluoroscopy by anesthesiologist Kenneth Reed, MD at Presbyterian Hospital of Dallas April 11, 1996 Observation of lumbar surgery (microlumbar discectomy) by neurosurgeon May 17, 1996 Richard Weiner, MD at Presbyterian Hospital of Dallas Observation of lumbar discectomy and fusion with BAC implants by orthopedic June 24, 1996 surgeon John Peloza, MD at Presbyterian Hospital of Plano Parker Fall Relicensing Seminar October 1996 Parker Fall Relicensing Seminar October 1997 Parker Fall Relicensing Seminar October 1998 Chiropractic Research: The Year in Review November 1999 Chiropractic Research: The Year in Review November 2000 Manipulation under Anesthesia November 2001 Texas Chiropractic College “Protect Your Back” Instructor Course – American Red Cross November 2002 Chiropractic Research: The Year in Review November 2003 Chiropractic Research: The Year in Review November 2004 Chiropractic Research: The Year in Review November 2005 Chiropractic Research: The Year in Review November 2006 Chiropractic Research: The Year in Review November 2007 Chiropractic Research: The Year in Review November 2008 Chiropractic Research: The Year in Review November 2009 Parker Relicensing Seminar June 2010 Exhibit "1" - Page 7 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 10 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD Re: Paul Strube, DC 352-281484-15 Curriculum Vitae / Personal Information Page 5 Intermediate Collision Investigation 40 hours October 11-15, 2010 Texas Engineering Extension Service (TEEX) Texas A & M University Advanced Collision Investigation 80 hours October 18-29, 2010 Texas Engineering Extension Service (TEEX) Texas A & M University Collision Reconstruction 80 hours May 9-20, 2011 Texas Engineering Extension Service (TEEX) Texas A & M University Crush Energy in Accident Reconstruction 40 hours May 23-27, 2011 Texas Engineering Extension Service (TEEX) Texas A & M University “Advanced Collision Reconstructionist” May 27, 2011 Texas Engineering Extension Service (TEEX) Texas A & M University Certificate awarded for completion of the above 240 hour Accident Reconstruction program Coding, Compliance & Documenting Medical Necessity 16 hours June 25-26, 2011 in Chiropractic Practice Biomechanics of Low Speed Impacts 8 hours November 17, 2011 Introtech Crash Reconstruction Services Personal Injury: Treatment, Coding, Billing and Risk Management Texas Chiropractic Association 16 hours September 22-23, 2012 21st Century Chiropractic: What You Really Need to Know about August 10-11, 2013 Documentation, Compliance & Active Rehab 16 hours New CPT and ICD10 Essentials & Myofascial Release with TBCE Required Hours September 13-14, 2014 16 hours Coding changes & EHR Issues, TBCE Required Hours, & Myofascial Release November 14-15, 2015 16 hours NOTE: My education in chiropractic college and in continuing education courses thereafter, has included education as to when, under what circumstances, and to what other healthcare providers referrals of patients should be made -- whether to an emergency room, a family practice doctor, an orthopedic surgeon or neurosurgeon, anesthesiologist/pain medicine specialist, physical medicine, to a physical therapist or other chiropractor, etc; when various forms of testing is warranted including xray, MRI, CT, electrodiagnostic testing, physical capacity evaluation, etc; and education to be able to understand reports written by these various other healthcare providers to whom chiropractic patients are referred. Furthermore, when treating patients I have had experience referring patients to medical doctors of various specialties including neurologist, orthopedic surgeon, neurosurgeon, physical therapist, anesthesiologist/pain management, etc, and in reading and understanding reports written by these various other providers after their evaluation of my patients. Exhibit "1" - Page 8 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 11 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 THE TEXAS A&M UNIVERSITY SYSTEM Texas Engineering Extension Service Be it known that has completed the training and satisfied the requirements for ADVANCED COLLISION RECONSTRUCTIONIST with all the honors, rights, and privileges belonging thereto. Given under the seal of the Texas Engineering Extension Service and The Texas A&M University System on the twenty-seventh day of May, two thousand and eleven. /nm-m'tS ~ Thomas N. Shehan. Division Director Texas Engineenng Extension SeNice Exhibit "1" - Page 9 Public Safety end Security DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 12 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 TEXAS ENGINEERING EXTENSION SERVICE The Texas A&M University System 7 TRAIN • SERVE • RESPOND Paul E. Strube, DC has successfully completed Intermediate Collision Investigation San Antonio, TX 40 Hours October 15, 2010 Thomas N. Shehan, Division Director Texas Engineering Extension Service Public Safety and Security Exhibit "1" - Page 10 LS AJR540 0023 TEEX 10 : 1020312 Stoto Board for Educator CertiflceUon *500132 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 13 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 TEXAS ENGINEERING EXTENSIONSERVICE The Texas A&M University System TRAIN • SERVE • RESPOND Paul E. Strube, DC has successfully completed Advanced Collision Investigation Webster, TX 80 Hours October 29, 2010 Thomas N. Shehan, Division Director Texas Engineering Extension Service Public Safety and Security Exhibit "1" - Page 11 State Bo"rd fur Educetar CertirtC&tton • 500132 LS AIR54 5 00321'EEX 10: 1020312 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 14 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 TEXAS-ENGINEERING EXTENSION SERVICE The Texas A&M University System TRAIN • SERVE • RESPOND Paul E. Strube, DC has successfully completed Collision Reconstruction Humble, TX 80 Hours May 20, 2011 Thomas N. Shehan, Division Director Texas Engineering Extension Service Exhibit "1" - Page 12 Public Safety and Security State Boa rd for Educator Cortiflcallon ~00132 LS AIR550 0029 DEFENDANT TEEX 10: LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING 1063237 PAGE 15 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 TEXAS ENGINEERING EXTENSION SERVICE Th,e Texas A&M University System TRAIN • SERVE • RESPOND Paul E. Strube, DC has successfully completed Vehicle Damage & Energy Relationship Bryan, TX 40 Hours May 27, 2011 Thomas N. Shehan, Division Director Texas Engineering Extension SeNice Exhibit "1" - Page 13 Public Safety and Security DEFENDANT LS AIR5<16 0001TEEX 10: LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING 1 ~12 PAGE 16 State Board for Educator Cortiftcatlon •500t 32 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 lntRotecb CRasb ReconstRoctfon SeRvices This is to certify that CJlau{P,. Stru6e, (])C Has successfully completed an 8 hour course in Bfornecbanfcs o~ Loro Spee~ Impacts November 17, 2011 Exhibit "1" - Page 14 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 17 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 EXHIBIT “B” Exhibit "1" - Page 15 DEFENDANT LYNN SMITH CHEVROLET'S NOTICE OF FILING CONTROVERTING PAGE 18 AFFIDAVIT OF PAUL STRUBE, D.C. REGARDING MILLICENT EDWARD 352-281484-15 Medical Review Paul Strube, DC P.O. Box 1280 Hilltop Lakes, TX 77871 (903) 539-9735 January 27, 2016 Micah Pardun Re: Millicent Edwards David Klosterboer & Associates Cause No: 352-281484-15 1301 E. Collins Blvd, Suite 490 E5R1233 Richardson, TX 75081 Defendant: Lynn Smith Chevrolet DOI: 1/18/2014 Conclusion Millicent Edwards, age 43 (DOB: 4/30/1970) was not significantly injured in the subject accident. From an accident reconstruction perspective – available records show this to have been a minor, low speed, backing up accident. A low speed accident such as this does not have the potential to cause significant bodily injury as would warrant medical evaluation or treatment. Consequently, none of the medical services provided to Millicent Edwards were medically necessary as related to the subject accident. From a solely chiropractic perspective – even ifa jury were to conclude that this was an injury producing accident that warranted medical evaluation and a course of treatment, not all of the services provided by or on referral from Ihab Kayello, DC or other chiropractor(s) of Texas Workers Rehab beginning 1/25/14 were medically necessary. Referral to Jaime Ramirez, MD on 2/10/14 was not medically necessary. The cervical MRI and lumbar MRI performed on 3/30/14 were not medically necessary. Referral to Arash Bidgoli, DO on 8/19/14 was not medically necessary. The following considerations support this conclusion -- Description of the accident Millicent Edwards was the driver of a vehicle that was parked in a mechanic bay of a car dealership where she had just had her oil changed, when another vehicle backed into the passenger side of her vehicle. No photographs or damage estimates are available for review. Treatment Ms. Edwards sought no medical