Personal Injury Litigation:

Proving or Disproving Economic Damages Navigating Methodologies and Factors Impacting Court Awards

and Best Practices for Recruiting Financial Experts

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THURSDAY, SEPTEMBER 20, 2012

Presenting a live 90-minute webinar with interactive Q&A

Ronald T. Luke, President, Research & Planning Consultants, Austin, Texas

Kacy L. Turner, Vocational Consultant, Research & Planning Consultants, Austin, Texas

Research & Planning Consultants, L.P.

505 East Huntland Drive, Suite 270 · Austin, Texas 78752 Phone: 512-371-8000 · Fax: 512-371-8001

www.rpcconsulting.com

Sample Report

Vocational Assessment Prepared for Plaintiff

This Sample Report is a redacted version of an actual RPC

report. Names of all individuals including parties to the lawsuit, physicians, and others have been changed, as have

dates and other details.

Carlos Martinez August 10, 2011

Research & Planning Consultants, L.P. (“RPC”) was retained to provide an analysis of the damages to Carlos Martinez including a Vocational Assessment. This report is the vocational assessment for Mr. Martinez and addresses his future earning capacity. This report is not intended to cover all damages for Mr. Martinez.

2. This expert report was prepared by Kacy L. Turner, M.S., CRC, CVE, CLCP. A curriculum vita is included in Attachment 1. Attachment 2 to this report lists the documents that were reviewed and relied upon in the preparation of this report. Attachment 3 contains the Transferrable Skills Analysis report for Mr. Martinez. Should additional documents or information become available, RPC reserves the right to amend this report.

3. Mr. Carlos Martinez is a Hispanic male who was born on June 25, 1954, and is currently fifty-seven years old. Mr. Martinez is married and currently lives in Austin, Texas. On July 5, 2008, Mr. Martinez reported to his wife that his heart felt like it was racing and that he did not feel well. Mrs. Martinez took Mr. Martinez to the Emergency Room at Texas Medical Center. According to Mrs. Martinez, Mr. Martinez was in atrial fibrillation1 and it was determined that he needed an implantable cardioverter defibrillator (ICD).2 Prior to the placement of the ICD, Mr. Martinez suffered a stroke.3 Mr. Martinez was diagnosed with a cerebral embolism with cerebral infarction,4 resulting in hemiplegia and hemiparesis as well as

1 “Atrial fibrillation (AF or A-fib) is the most common cardiac arrhythmia (abnormal heart rhythm), and involves the two upper chambers (atria) of the heart. Its name comes from the fibrillating (i.e., quivering) of the heart muscles of the atria, instead of a coordinated contraction.” Website: http://en.wikipedia.org/wiki/Atrial_fibrillation 2 “An ICD is a specialized device designed to directly treat a cardiac tachydysrhythmia.” Website: http://emedicine.medscape.com/article/780825-overview 3 Personal Interview with Mr. and Mr. Martinez, July 29, 2011 4 Website: http://medical-dictionary.thefreedictionary.com/Cerebral+infarct

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aphasia.5 He also suffered pulmonary collapse and was diagnosed with an arterial embolism6 or thrombosis of the lower extremity. He was also diagnosed with primary cardiomyopathies, facial weakness, speech disturbance, dysphagia,7 and unspecified atherosclerosis of native arteries of the extremities. Mr. Martinez underwent a left heart cardiac catheterization, coronary arteriography, angiocardiography of the left heart structures, speech training and therapy, physical therapy and occupational therapy. He was discharged on July 18, 2008.8

4. Mr. Martinez was admitted to Southern Medical Center Rehabilitation (“SMCR”) on July 19, 2008 for inpatient rehabilitation. Mr. Martinez was admitted with a diagnosis of left acute Cerebral Vascular Accident (CVA) or stroke with right hemiparesis, aphasia, hypertension.9 He participated in physical, occupational and speech therapies. Mr. Martinez continued with therapy until August 13, 2008, when he was transferred to Good Shepherd Hospital for treatment of the DVT.10

5. On August 26, 2008, Mr. Martinez was transferred back to SMCR for continued rehabilitation after placement of an Inferior Vena Cava (IVC) filter11 for the DVT to prevent a blood clot. During his therapy, he experienced symptoms associated with increased heart rate. As a result, Mr. Martinez was transferred to AusTex Hospital on August 28, 2008, to be evaluated by Dr. Thomas R. Parker, who is board certified in internal medicine, cardiac electrophysiology and cardiovascular disease.12,13

6. Mr. Martinez returned to SMCR on August 31, 2008, for continued inpatient rehabilitation for his stroke. He continued to make improvements and was discharged to the transitional living program at SMCR14 on September 18, 2008. At the time of his discharge on October 3, 2008, Mr. Martinez had made steady progress. He was able to ambulate with a cane but required assistance for curbs and balance. He was independent with his eating and grooming and still required assistance with bathing and dressing. Mr. Martinez continued to experience deficits with cognitive skills such as decreased attention, poor memory, decreased problem solving and difficulty with comprehension. It was recommended that he transition to outpatient physical therapy, occupational therapy and speech therapy at SMCR.15

5 “Aphasia is condition characterized by either partial or total loss of the ability to communicate verbally or using written words.” Website: http://medical-dictionary.thefreedictionary.com/aphasia 6 “An embolus is a blood clot, bit of tissue or tumor, gas bubble, or other foreign body that circulates in the blood stream until it becomes stuck in a blood vessel.” Website: http://medical-dictionary.thefreedictionary.com/arterial+embolism 7 “Difficulty in swallowing or inability to swallow.” Website: http://medical-dictionary.thefreedictionary.com/dysphagia 8 Texas Medical Center, Abstract, July, 18, 2008 9 “Deep vein thrombosis (DVT) is a blood clot (thrombus) in a deep vein, usually in the legs.” Website: http://www.webmd.com/dvt/tc/deep-vein-thrombosis-topic-overview 10 Southern Medical Center Rehabilitation, Discharge Summary, August 13, 2008, page 1 11 “An inferior vena cava filter, also IVC filter or Greenfield Filter a type of vascular filter, is a medical device that is implanted by interventional radiologists or vascular surgeons into the inferior vena cava to prevent fatal pulmonary emboli.” Website: http://en.wikipedia.org/wiki/Inferior_vena_cava_filter 12 Website: http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp?ID_NUM=506888&Type=LP&LicensePermit=L9999 13 Southern Medical Center Rehabilitation, Discharge Summary, August 28, 2008, page 1 14 Southern Medical Center Rehabilitation, Discharge Summary, September 18, 2008 15 Southern Medical Center Rehabilitation, Discharge Summary, October 3, 2008

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7. Mrs. Martinez reported that Mr. Martinez received therapy for approximately one year after the stroke. There were times when the insurance company denied therapy services. During those times, Mrs. Martinez hired personal trainers to work with Mr. Martinez to keep up his strength and endurance. Mrs. Martinez also reported that Mr. Martinez underwent placement of a pacemaker in January 2009.

8. Personal Interview: I conducted an in-person clinical interview on July 29, 2011, with Mr. Martinez at his home in Austin, Texas. Mrs. Martinez was also present for the interview to assist with medical and personal information due to Mr. Martinez’ memory deficits.

9. Mr. and Mrs. Martinez live in a one-story home in Austin, Texas and have been there since 2002. Mr. Martinez has one grown child; however, she has her own family and is unable to assist Mr. Martinez. Mrs. Martinez stated that Mr. Martinez has cut off contact with his family since the stroke and does not want to burden them with his medical concerns. Mrs. Martinez has no children.

10. Mr. Martinez has completed his therapies and is currently maintaining his strength and endurance with a home exercise program. Mr. Martinez stated that he walks every other day and is able to go around his neighborhood block. He reports that he is using an ankle foot orthosis16 (AFO) on his right ankle to increase stability when he walks. Mr. Martinez has a foot drop17 due to residual weakness from the stroke. Mrs. Martinez stated that Mr. Martinez continues to have some instability when walking on uneven surfaces and uses his cane for these occasions. Mr. Martinez also has some residual weakness and paralysis in his right arm and hand. He is unable to reach above shoulder level and his fine motor skills in his right had are significantly decreased. Mr. Martinez was right handed prior to the stroke and is unable to write with that hand. He is trying to learn how to write left handed. He has had to learn to do many things with his left hand which causes him to be much slower at completing tasks.

11. Mr. Martinez reported that he is independent with his activities of daily living such as bathing, grooming and dressing although it takes additional time. Mr. and Mrs. Martinez have a walk in shower which makes showering more manageable as he does not have to step into a tub. He does not use a shower chair nor do they have any grab bars for safety in the shower or by the toilet.

12. Mrs. Martinez stated that they have had to make many adjustments to their life due to the residual deficits from the stroke. Mr. Martinez used to be very knowledgeable with computer programs and email and used to help Mrs. Martinez with saving documents, researching on the Internet, etc. Mrs. Martinez reported that Mr. Martinez never uses the computer, is unable to assist her with any programs and is unable to remember the sequence to save a document. She reported that now they have been getting assistance from her family with the computer.

13. Mrs. Martinez stated that Mr. Martinez is no longer able to climb the ladder to the attic and all of the Christmas decorations must now be stored in their garage. Mr. Martinez is unable to change light bulbs, smoke detector batteries or air filters due to his decreased balance. Prior to

16 “A brace (usually plastic) worn on the lower leg and foot to support the ankle, hold the foot and ankle in the correct position, and correct foot-drop. Abbreviated AFO. Also known as a foot-drop brace. Website: http://www.medterms.com/script/main/art.asp?articlekey=2262 17 “Foot drop describes the inability to raise the front part of the foot due to weakness or paralysis of the muscles that lift the foot.” Website: http://www.ninds.nih.gov/disorders/foot_drop/foot_drop.htm

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the stroke, Mr. Martinez was responsible for all of the yard work, and now is incapable of physically pushing the mower or operating other yard equipment.

14. Mr. and Mrs. Martinez own two rental properties that Mrs. Martinez manages. Mr. Martinez was responsible for the basic maintenance of these properties, but is no longer able to perform these duties. Mrs. Martinez must rely on her family to help or hire someone to complete the tasks.

15. Mrs. Martinez stated that they used to go out to dinner regularly and sometimes went dancing. Mr. Martinez is unable to tolerate crowds and public places so they have no social life. Mrs. Martinez’ family used to come to visit and barbeque almost weekly prior to Mr. Martinez’ stroke. She also indicated that she and Mr. Martinez spent a great deal of time with her nieces and nephews and in fact, they practically raised them.18 Since the stroke, Mr. Martinez can’t play sports with them and is also unable to tolerate having them in his home. He is unable to take them to the movies as he becomes frustrated with them. Mrs. Martinez stated that it is very sad and that the children do not understand why their uncle doesn’t want to spend time with them any longer. Mr. Martinez can’t tolerate the noise and distractions when his wife’s family visits for barbeques. He is able to visit with them for a short time and then returns to the house where it is quiet. Prior to the stroke, Mr. and Mrs. Martinez both stated that he would help her with the food preparation and cooking and they would socialize well into the night.

16. Mr. Martinez stated that he goes to bed at 11:00 pm. He is usually up by 5:00 AM and can’t go back to sleep due to pain. He has pain in his right leg and his right arm feels like it is asleep. Due to the pain, he is unable to get comfortable and go back to sleep. He does not have any prescription pain medication and chooses not to take any. Mr. Martinez stated that he takes an hour to an hour and a half nap each day due to fatigue.

17. Mr. Martinez was an avid runner prior to the stroke. He ran every morning and then as he entered his fifties he began running every other day. He used to play golf, tennis and go swimming. Mr. Martinez participated every year in a day long canoeing trip with his employees and traveled extensively for work. He has been unable to participate in any of these hobbies since his stroke in 2008. He stated that currently he enjoys going to the movies and he has been watching television. He is able to help Mrs. Martinez with light housekeeping and laundry. He also helps with preparing meals although he does no cutting or chopping for safety reasons.

Vocational Assessment

18. Mr. Martinez was born and raised in Austin, Texas and graduated from Central High School. He attended the Texas State University for one semester and then quit to get married. He has not received any additional formal education.

19. At the time of the stroke, Mr. Martinez was working for XYZ Company as an operations manager. He began with XYZ Company in June 1989, as a clerk. He was promoted to assistant manager, manager, regional market manager and finally operations manager. As operations manager, he was responsible for over one hundred in Texas, Oklahoma, Kansas, and Missouri. He reported that he worked sixty hours per week, five days per week. At the time of

18 Laura Martinez Deposition, May 10, 2011, page 93

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the stroke, Mr. Martinez had an annual base salary and bonus pay in excess of $100,000.00, and also a car allowance and bonuses based on the performance of the stores in his territory.

20. Prior to working for XYZ Company, Mr. Martinez indicated that he worked for three to four years as a route salesman and district manager for Nehi soda in Austin, Texas. He worked for Coca Cola as a salesman and district manager in Bryan, Texas for one to two years. Mr. Martinez worked for 7-Up in San Antonio, Texas as a truck driver, salesman and district manager until they were sold to Nehi and he was laid off. He then went to work for an independent 7-Up owner and worked for approximately one year as the operations manager. He was unable to recall dates of employment for these jobs.

21. Currently, Mr. Martinez is volunteering for four hours per day, two days per week for the American Heart Association. His duties include answering the telephone, stuffing envelopes and other office activities. Mrs. Martinez reported that it took Mr. Martinez two to three months to learn the telephone extensions of the staff at the American Heart Association. There are approximately eight employees and he used to put calls through to the wrong extension. The American Heart Association was very supportive and accommodating and gave him the time to learn the extensions.

22. Mr. Martinez also volunteers one day per week for three hours at Family Home Shelter. Family Home Shelter coordinates and provides programs for battered women. There is only one person in the office and Mr. Martinez assists her with activities such as filing, stuffing envelopes and other office tasks.

23. On April 12, 2011, Mark Brown, MD, who is board certified in internal medicine,19 stated Mr. Martinez is unable to do any continuous work of any sort that would require the use of his short term memory and any continuous concentration. He states that Mr. Martinez is unable to write or speak fluently. Dr. Brown further indicated that Mr. Martinez is restricted from any climbing, operating heavy machinery and lifting above twenty one pounds. Dr. Brown further certified that Mr. Martinez continues to be unable to work and that his condition will not improve.20

24. Vocational Analysis: According to Best Practices Principles, a vocational evaluator should utilize a variety of methods, tools and approaches to provide accurate vocational evaluations and assessments.21 Vocational assessments focus on the injured person’s interests, aptitudes and physical capabilities along with their established work history.22 A vocational evaluation may be defined as a process to predict or estimate work behaviors and vocational potential through the use of various tests, techniques and procedures. Tests designed to measure the worker’s personality, achievement, intelligence level, vocational aptitude and vocational interests are widely used for diagnostic purposes with injured workers and are invaluable in assessing the feasibility for employment of an injured worker. (Rubin & Roessler, 1987; Power 2000)23

19 Website: http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp?ID_NUM=775294&Type=LP&LicensePermit=M5554 20 Unum Disability Status Update, April 11, 2011 21 CCWAVE Code of Ethics 22 Weed, R. (2004). Life Care Planning and Case Management Handbook, 2nd Edition CRC Press, page 39 23 Weed, R. & Field, T. (2001) Rehabilitation Consultant’s, Revised Edition. Athens, GA: Elliot & Fitzpatrick, Inc.

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25. Prior to the interview, I mailed Mr. Martinez the vocational interest and work values tests with written instructions for completing them. He had difficulty completing the tests and called for additional instructions. Once he was given step by step instructions, he was able to complete the untimed activities. During the clinical interview, Mr. Martinez indicated that he did have some difficulty but did the best he could. The following are his results: The Career Occupational Preference System (COPS) The test is an indicator of an individual’s interests. Mr. Martinez scored the above the average interest in the following categories.

Science- Skilled: Examples of these types of occupations include coroner, dental assistant, dental hygienist, electrocardiograph technician, laboratory assistant, medical assistant, medical technologist, radiation therapy technician, surgical technician, ultrasound technologist, x-ray technician, laboratory tester, land survey technician, mechanical inspector, meter reader, pest controller, pharmacy assistant, quality control coordinator and water treatment plant operator. Consumer Economics: Examples of these types of occupations might include baker, bakery worker, butcher, candy maker, chef, cook, dietitian, food assembler, food service supervisor, inspector, kitchen helper, cafeteria manager, tobacco blender, carpet layer, dry cleaner, embosser, furniture upholsterer, luggage maker, mattress maker, pattern marker, sewing machine operator, tailor and weaver. Outdoor: Examples of these types of occupations might include animal keeper, animal breeder, farmer, flower grower, horse trainer, farm manager, nursery manager, poultry farmer, soil conservationist, tobacco grower, park worker, veterinary assistant, fish and game warden, forester, forest fire fighter, groundskeeper, lawn service worker, miner and wildlife worker. Business- Professional: Examples of these types of occupations include accountant, auditor, budget analyst, computer systems analyst, controller, credit analyst, estate planner, market research analyst, school administrator, bank manager, contract administrator, hospital administrator, job analyst, lawyer, city manager, hotel manager, sales manager, store manager, police commissioner, postmaster, property manager and urban planner. Business- Skilled: Examples of these types of occupations might include sales, promotion and marketing such as accountant, bonding agent, claims adjuster, loan officer, purchasing agent, administrative assistant, automotive service adviser, customer service representative, fund raiser, department manager, real estate agent, insurance sales agent, securities trader and stockbroker. Clerical: Examples of these types of occupations might include admitting officer, bill collector care rental clerk, cashier, counter clerk, credit clerk, dispatcher, hotel clerk, information clerk, receptionist, teller, ticket agent, toll collector, accounting clerk, collection clerk, file clerk, parts clerk, and shipping and receiving clerk. Communication: Examples of these types of occupations might include archivist, copywriter, book editor, news editor, library assistant, media specialist, paralegal assistant, reporter, and story editor.

page 55.

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Service Professional: Examples of these types of occupations might include coach, instructor, occupational therapist, recreational therapist, teacher adult education, art therapist, caseworker, dentist, nurse, physical therapist, physician, police chief, psychiatrist, social worker or substance abuse counselor. Service Skilled: Examples of these types of occupations might include bar tender, checkroom attendant, cosmetologist, counter attendant, day care worker, deliverer, fund raiser, hair stylist, laundry attendant, personal attendant, pet shop attendant, ticker taker, travel agent, ambulance driver, companion, nurse aide, teacher aide, chauffeur, parking lot attendant service station attendant and taxi driver.

Work Values Assessment

The Career Orientation Placement and Evaluation Survey- COPES The COPES is an assessment that measures personal values. It measures those value constructs which have been repeatedly demonstrated through research to reflect major dimensions representing the vocational motivation in the values domain. The following are Mr. Martinez’ preferences for work values.

Investigative: This person values clear cut activities in which they see the concrete results of their work and do not need to solve many complex problems.

Carefree: This type of person values work act ivies where they can be carefree and use their imagination.

Independence: This type of person values activities in which they are relatively free of rules and are not restricted by social obligations.

Leadership: This type of person needs to be seen as important and usually take positions of leadership. They make decisions, direct others and speak for a group. Flexible: This type of person values activities n which they can take things as they come and do note need to keep things orderly. Privacy: This type of person prefers to keep activities private and is not concerned with being considered a famous person. Realistic: This type of person values activities in which they do not rely on aesthetic senses and are not involved with appreciation or artistic qualities. Social: This type of person likes working with people in a friendly situation and likes to help others and work as a team player.

26. Data from Mr. Martinez’ previous employment, education and current physical restrictions was used to complete a Transferable Skills Analysis (TSA) to determine what jobs he might be capable of performing. (See Attachment 3) Mr. Martinez has not completed a functional capacity evaluation to determine his limitations/restrictions. The physical limitations used were those noted by Dr. Brown on April 5, 2011. Additional limitations have been adjusted

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based on Mr. Martinez’ presentation during the clinical interview. See Attachment 3 for further details regarding the TSA.

27. This TSA was performed through SkillTRAN software an Internet-Based Service. In preparing the TSA, I also relied on the print and online versions of the Dictionary of Occupational Titles,24 Classification of Jobs 2000,25 The Transitional Classification of Jobs,26 and the Guide for Occupational Exploration.27

28. SkillTRAN has the capability of comparing thousands of occupations to the current profile of an individual. The results for Mr. Martinez indicated there were twelve directly transferable jobs that he would have transferable skills to perform. The TSA indicated there were no closely related jobs.

“Directly Transferable Occupations are those which share at least one of the 3-digit work fields as known from the past work history and which have at least one of the same 3-digit MPSMS codes from any of the jobs performed in the past. Directly transferable occupations have primary job duties which are very similar to past work and little or no learning of job duties would be anticipated in a new occupation.28”

The following are the twelve directly transferable jobs that were listed for Mr. Martinez.

DOT Code Job Title 169.167-082 Manager, Computer 183.117-010 Manager, Branch 189.117-018 Manager, Customer Technical Service 189.117-034 Vice President 166.167-034 Association Executive 189.117-022 Manager, Industrial Organization 187.117-038 Manager, Hotel or Motel 189.167-022 Manager, Department 169.167-074 Preventive Maintenance Coordinator 189.167-018 Management Trainee 293.157-010 Fund Raiser I29

29. These directly transferable jobs would not be appropriate for Mr. Martinez due to his residual cognitive and physical limitations. These positions are highly skilled and skilled positions which require high level cognitive skills such as planning, organization, concentration and attentions well as the ability to manage or supervise others. At this time, Mr. Martinez is unable to perform those types of duties.

24 Website: http://www.occupationalinfo.org/ Dictionary of Occupational Titles, originally published by the U. S. Department of Labor and Employment and Training Administration 1991, Volume II, Fourth Edition, Revised 1992, 25 Janet E. Field and Timothy F. Field, COJ 2000 with an O*NET 98 Crosswalk, (Elliott and Fitzpatrick, 1995) 26 Janet E. Field and Timothy F. Field, The Transitional Classification of Jobs, 6th Edition (Elliott and Fitzpatrick, 2004) 27 The Complete Guide for Occupational Exploration, 1993 Ed. J. Michael Farr (JIST Works, Inc.) 28SkillTRAN Transferable Skills Analysis Report for Carlos Martinez, August 9, 2011 29 ibid

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30. The TSA identified no closely related occupations but did identity forty-four generally transferable occupations.

“Generally Transferable Occupations are those which share at least one of the 2-digit work fields from the past work history and which involve at least one of the 2-digit MPSMS codes from the past. Two digit coding clusters occupations into generally related groups which may not share the same specific skills as developed in the past. Generally transferable occupations do not include directly or closely transferable titles. Some learning of essential job duties is quite likely to be necessary.”30

The following are examples of the generally transferable occupations.

DOT Code Job Title 163.267-010 Field Representative 274.357-030 Sales Representative, Dairy Supplies 275.357-026 Sales Representative, Hotel & Rest 169.267-018 Financial-Aid Counselor 250.357-026 Sales Agent, Financial-Report Service 251.357-022 Sales Representative, Franchise 254.357-018 Sales Representative, Printing 270.357-010 Sales Representative, Home Furnish 273.357-014 Sales Representative, Automotive- 162.157-038 Purchasing Agent31

31. These generally transferable occupations would also not be appropriate for Mr.

Martinez. Again these positions are highly skilled or skilled jobs that require advance cognitive skills such as planning, organization, memory, communication skills and attention and concentration. For these reasons, none of the transferable positions would be appropriate for Mr. Martinez.

32. Conclusion Mr. Martinez has suffered a stroke. As a result of the stroke he has

residual physical, cognitive and emotional deficits. These deficits are so severe that Dr. Brown has indicated Mr. Martinez is unable to do any type of work and that this will not change. The TSA performed also did not identify any appropriate occupations that Mr. Martinez would be able to perform based on his residual deficits.

33. Although Mr. Martinez has been able to perform volunteer work in a sheltered environment, he is under no stress or pressure to produce any specific amount of work. These environments are very supportive and accommodating of his deficits and any mistakes. They are not representative of a competitive employment environment.

34. It is my opinion based on the information reviewed, physician statements, the TSA, Social Security Disability Insurance and long term disability findings and the clinical interview that Mr. Martinez would be unable to work in a competitive employment environment. His

30 ibid 31 ibid

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cognitive deficits, physical deficits and fatigue would prevent him from obtaining and retaining work and therefore, he has no residual earning capacity at this time.

For the Firm, Kacy L. Turner, M.S., CRC, CVE, CLCP

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Attachment 1

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KACY L. TURNER, MS, CRC, CVE, CLCP

Research & Planning Consultants, L.P. 505 East Huntland Drive, Suite 270 · Austin, Texas 78752

Phone: 512-371-8000 · Fax: 512-371-8001 www.rpcconsulting.com

EDUCATION/CERTIFICATIONS University of Florida, Gainesville, FL Certificate in Life Care Planning

West Virginia University, Morgantown, WV Master of Science in Rehabilitation Counseling with specialization in Vocational Evaluation

Bachelor of Science in Recreation and Parks Management with specialization in Therapeutic Recreation

Certified Rehabilitation Counselor, 00007772, 1990-Present Certified Vocational Evaluator, 00007772, 1991-Present Certified Life Care Planner, 1013, 2009-Present

PROFESSIONAL EXPERIENCE RESEARCH AND PLANNING CONSULTANTS, Dallas, TX Consulting Associate (June 2005- Present)

Provide vocational expert analysis/reports/testimony Provide life care planning services/testimony.

PATE REHABILITATION, Dallas, TX Case Manager (June 1, 2009- June 30, 2010)

Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs.

Secured precertification from various insurance companies, Workers’ Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources.

Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training.

GENTIVA REHAB WITHOUT WALLS, Irving, TX Clinical Coordinator (July 2007- July 2009)

Case management duties for in-home multidisciplinary neurorehabilitation for patients with traumatic brain injuries, spinal cord injuries and other neurological disorders.

Coordinated team of therapists, physician and outside case managers and referral sources and requested continuing pre authorization of services.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 2 of 4March 16, 2011

• Assisted with community referrals to Texas Department of Assistive and Rehabilitative

Services and Texas Workforce Commission as well as outpatient therapies and Social Security as needed.

• Vocational counseling for return to work.

NEW BEGINNINGS VOCATIONAL REHAB SERVICES, INC., Allen, TX Self-Employed Vocational Consultant (June 2002 – June 2010)

• Contract medical and vocational case management services for Workers’ Compensation, Longshore, Long Term Disability and Disability Insurance clients.

• Provided transferable skills analysis, job-seeking skills training, resume writing, job accommodations and counseling services.

• Assisted with community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission as well as outpatient physical therapy, pain management, functional capacities evaluations and work hardening as needed.

• Provided comprehensive vocational evaluations and vocational assessments. • Contract vocational rehabilitation counselor for Union Pacific Railroad.

SANTE REHABILITATION, Irving, TX Case Manager/IR Program Coordinator (March 2005 – February 2006)

• Responsible for case management process of work hardening, work conditioning and pain management clients. Coordinate Industrial Rehabilitation program between five CARF- and JCAHO-accredited sites. Provided vocational counseling and guidance with emphasis on return to work.

MEDINSIGHTS, Houston, TX Vocational Consultant (January 2002 - August 2005)

• Responsible for vocational case management of Workers’ Compensation clients. • Provided transferable skills analysis, job seeking skills training, resume writing,

vocational evaluation and counseling. • Assisted with community referrals to Texas Department of Assistive and Rehabilitative

Services and Texas Workforce Commission as well as outpatient physical therapy, functional capacities evaluations, and work hardening as needed.

RESOURCE OPPORTUNITIES, INC., Dallas, TX District Manager (April 2000 - December 2001)

• Responsible for North Texas territory and supervision of seven staff employees. • Marketing in North/East Texas. • Completed hiring, training, termination and performance reviews. • Tracked monthly revenue and billing. • Responsible for accounts receivable and collections. • Provided vocational case management.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 3 of 4March 16, 2011

Vocational Case Manager

• Developed caseload for vocational case management in North/East Texas territory. • Provided initial assessments, vocational evaluations/testing, resume development, job

placement and community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission.

• Marketing of vocational services including vocational seminar for adjusters with adjuster license credit.

PATE REHABILITATION, Dallas, TX Case Manager (May 1999 - April 2000)

• Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs.

• Secured precertification from various insurance companies, Workers’ Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources.

• Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training.

SELF-EMPLOYED, Dallas, TX

Vocational Consultant (March 1999 - May 1999)

• Contracted as vocational consultant providing assessments for individual clients for Dr. Jack G. Dial, licensed psychologist. Testing included McCarron-Dial System, aptitude, academic, achievement, physical capacity and interest inventories.

BLUE RIDGE REHABILITATION SERVICES, Martinsburg, WV Vocational Case Manager/Vocational Evaluator (August 1998 - February 1999)

• Contracted as Day Program Coordinator for Learning Services Corp. Responsible for designing and implementing a day program curriculum for adult population with brain injuries. This program encompassed daily living skills, cognitive stimulation, social skills training, awareness of disability, time/money/home management, recreation/leisure skills, community reentry, and vocational assessment and placement. The day program included residential clients as well as outpatient clients from the surrounding community.

• Responsible for marketing of company for expansion in Richmond, Virginia, and evaluation of Workers’ Compensation clients to determine potential for return to work, vocational training, transferable skills and lost wages.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 4 of 4March 16, 2011

VIRGINIA DEPARTMENT FOR THE VISUALLY HANDICAPPED, Richmond, VA Rehabilitation Vocational Evaluator, Virginia Rehabilitation Center for the Blind (August 1991-

July 1998)

• Managed and coordinated a caseload of blind/visually impaired clients. • Counseled clients on personal adjustment, reasonable accommodation, job-related issues

and personal concerns. • Organized and coordinated client staffings with other personnel to report progress and

final recommendations. • Referred clients to community services and programs when necessary. • Administered individual aptitude, interest and physical capacity tests to assess clients’

vocational potential. • Completed transferable skills analysis when appropriate. • Assessed clients’ communication skills in order to accommodate their needs during the

evaluation process. • Provided recommendations regarding vocational potential and potential for college or

vocational training. • Organized, developed and taught job readiness class including job-seeking skills, resume

writing and mock interviews.

AFFILIATIONS

International Association of Rehabilitation Professionals (IARP)

International Association of Life Care Planners (IALCP)

Texas Association of Rehabilitation Professionals and Providers of Services (TARPPS) Secretary 2009-2010

Vocational Evaluation and Career Assessment Professionals (VECAP) PRESENTATIONS Texas Association of Rehabilitation Professionals and Providers of Services Labor Market Surveys, May 14, 2004 Alternative Rehabilitation Specialization Areas-Vocational Evaluation, June 6, 2006

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Attachment 2

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Brown, Mark, MD. Disability Status Update. April 12, 2011. 3 pages Commission on Rehabilitation Counselor Certification (CRCC). Code of Professional

Ethics for Vocational Evaluation Specialists, Work Adjustment Specialists, and Career Assessment Associates. Effective January 1, 2008 and Adopted April 2009 by the CRCC. 31 pages

Depositions ……. Laura Martinez. May 4, 2011. 120 pages ……. Carlos Martinez. May 4, 2011. 97 pages Employment Records: ……. XYZ Company, L.P., Dallas, Texas. All records pertaining to the employment of

Carlos Martinez. May 7, 2011. 424 pages Field, Janet E., M.A. and Timothy F. Field, Ph.D. The Classification of Jobs According to

Worker Trait Factors. 3rd Revision. Volume 1 ……. The Classification of Jobs 2000. 5th Edition.

……. Life Care Plan Handbook. The Role of the Vocational Counselor in Life Care Planning. Page 39

Medical Information

……. Owens, Peter M., M.D. Southern Medical Center. Discharge Summary. August 22, 2008. 2 pages

……. Discharge Summary. September 19, 2008. 1 page ……. Discharge Summary. October 11, 2008. 2 pages ……. Discharge Summary. October 4, 2008. 3 pages ……. Progress Note. September 21, 2010. 53 pages

……. Claimant’s Supplemental Disability Statement. January 19, 2009. 2 pages ……. Southern Medical Center. Medical and Healthcare Records from July 18, 2008

to June 10, 2009. 240 pages ……. The Free Dictionary. Aphasia. Definition, Description, Causes and Symptoms,

Key Terms. http://medical-dictionary.thefreedictionary.com/aphasia. Downloaded August 11, 2011. 7 pages ……. Arterial Embolism. http://medical-

dictionary.thefreedictionary.com/arterial+embolism. Downloaded August 11, 2011. 4 pages

……. Stroke. http://medical-dictionary.thefreedictionary.com/Cerebral+infarct Downloaded August 11, 2011. 9 pages ……. Dysphagia. http://medical-dictionary.thefreedictionary.com/dysphagia Downloaded August 11, 2011. 3 pages

Medscape. Pacemakers and Implantable Cardioverter Defibrillators. Basic Concepts.

http://emedicine.medscape.com/article/780825-overview. Downloaded August 9, 2011. 5 pages

National Institute of Neurological Disorders and Stroke. Foot Drop Information.

Description. Treatment. Prognosis. http://www.ninds.nih.gov/disorders/foot_drop/foot_drop.htm. Downloaded August 9, 2011. 2 pages

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SkillTRAN, LLC. Work History Experience. August 9, 2011. 41 pages Smithson, Robert V., Attorney at Law. Plaintiffs’ Notice of Videotape Deposition Duces

Tecum. June 23, 2011. 3 pages ……. Information about Carlos Martinez. 3 pages Tax Records

……. U.S. Individual Income Tax Return. Carlos Flores and Laura Flores. 2003. February 7, 2004. 4 pages

……. 2004. February 10, 2005. 7 pages ……. 2005. March 11, 2006. 11 pages ……. 2006. April 14, 2007. 16 pages ……. 2007. April 7, 2008. 12 pages ……. 2008. July 18, 2009. 12 pages ……. 2009. September 7, 2010. 12 pages

……. 2010. April 12, 2011. 11 pages Texas Medical Board. Public Verification/Physician Profile. Thomas R. Parker, MD.

http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp. Downloaded August 9, 2011. 5 pages

Texas Medical Center. Austin, Texas. Abstract. NCBH3. 1 page ……. Speech Therapy Bedside Swallowing Evaluation. July 7, 2008. 18 pages Turner, Kacy L., MS, CRC, CVE, CLCP, Research & Planning Consultants, LP, Certified

Life Care Planner. Letter to Carlos Martinez re Meeting of July 29, 2011. 1 page U.S. Department of Labor, Employment and Training Administration. Dictionary of

Occupational Titles. Fourth Edition. 1991 ……. The Complete Guide for Occupational Exploration. 1993 Edition

……. Bureau of Labor Statistics Data. Labor Force Statistics from the Current Population Survey. 55 year old men and over. 2001-2011. http://data.bls.gov/pdq/SurveyOutputServlet. Downloaded August 8, 2011. 2 pages

WebMD. Deep Vein Thrombosis Health Center. Topic Overview. Description.

Symptoms. http://www.webmd.com/dvt/tc/deep-vein-thrombosis-topic-overview. Downloaded August 3, 2011. 2 pages

Weed, Roger O., Ph.D., CRC, LPC, CLCP, CCM, CDMS, FNRCA, FIALCP. Life Care

Planning and Case Management Handbook. Second Edition. ……. Rehabilitation Consultant’s Handbook. Revised Edition 2001 ……. IV. Vocational Assessment. Page 55 Wikipedia. Atrial fibrillation. Definition. Signs and Symptoms.

http://en.wikipedia.org/wiki/Atrial_fibrillation. Downloaded August 9, 2011. 16 pages

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Attachment 3

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08/09/11 4265 / RAY FLORES PREPOST Report Copyright SkillTRAN, LLC 2001-2011 ================================================================== * * * W O R K H I S T O R Y E X P E R I E N C E * * * ================================================================== 185.117-014 AREA SUPERVISOR, RETAIL CHAIN STORE (retail trade) J O B D E S C R I P T I O N ----------------------------- OPERATIONS MANAGER. Directs and coordinates activities of subordinate managerial personnel involved in operating retail chain stores in assigned area: Interviews and selects individuals to fill managerial vacancies. Maintains employment records for each manager. Terminates employment of store managers whose performance does not meet company standards. Directs, through subordinate managerial personnel, compliance of workers with established company policies, procedures, and standards, such as safekeeping of company funds and property, personnel and grievance practices, and adherence to policies governing acceptance and processing of customer credit card charges. Inspects premises of assigned area stores to ensure that adequate security exists and that physical facilities comply with safety and environmental codes and ordinances. Reviews operational records and reports of store managers to project sales and to determine store profitability. Coordinates sales and promotional activities of store managers. Analyzes marketing potential of new and existing store locations and recommends additional sites or deletion of existing area stores. Negotiates with vendors to enter into contracts for merchandise and determines allocations to each store manager. ============================================================================

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TYPICAL OCCUPATIONAL CHARACTERISTICS 185.117-014 AREA SUPERVISOR, RETAIL CHAIN STORE (retail trade) ---------------------------------------------------------------------------- R M L G V N S P Q K F M E C GED: 4 3 4 Aptitudes: 2 2 2 3 4 2 4 3 3 5 5 Maximum SVP: 7 (Skilled) Temperaments:DIPJ Strength: L CL BA ST KN CR CW RE HA FI FE TA HE TS NE FA DE AC CV FV Physical Demands: N N N N N N F F F N F F N F N N N N N WE CO HO WT NO VI AT MV EL HI RA EX TX OT Environmental Conditions: N N N N 3 N N N N N N N N N MPSMS code: 893 GENERAL ADMINISTRATION & ADMINISTRATIVE SPECIALTIE WORK field: 295 ADMINISTERING I.D. code: 741 RETAIL TRADE CENSUS code: 005 MARKETING AND SALES MANAGERS GOE code: 11.11.05 WHOLESALE-RETAIL SOC code: 1390 OFFICIALS AND ADMNISTRATORS; OTHER, NOT ELSEWHERE CIP code: 52.1401 BUSINESS MARKETING AND MARKETING MANAGEMENT OES code: 13011 MARKETING, ADVERTISING, AND PUBLIC RELATIONS MANAG Canada NOC : 0123 OTHER BUSINESS SERVICES MANAGERS ============================================================================ 189.117-022 MANAGER, INDUSTRIAL ORGANIZATION (any industry) J O B D E S C R I P T I O N ----------------------------- GENERAL MANAGER, INDUSTRIAL ORGANIZATION; MANAGER, GENERAL; PLANT SUPERINTENDENT, INDUSTRIAL ORGANIZATION. Directs and coordinates activities of industrial organization to obtain optimum efficiency and economy of operations and maximize profits: Plans and develops organization policies and goals, and implements goals through subordinate administrative personnel. Coordinates activities of divisions or departments, such as operating, manufacturing, engineering, planning, sales, maintenance, or research and development, to effect operational efficiency and economy. Directs and coordinates promotion of products manufactured or services performed to develop new markets, increase share of market, and obtain competitive position in industry. Analyzes division or department budget requests to identify areas in which reductions can be made, and allocates operating budget. Confers with administrative personnel, and reviews

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activity, operating, and sales reports to determine changes in programs or operations required. Directs preparation of directives to division or department administrator outlining policy, program, or operations changes to be implemented. Promotes organization in industry, manufacturing or trade associations. Workers are usually identified according to industry in which employed, such as petroleum production or refining, iron and steel, electrical equipment; type of organization, such as air, rail, motor or water transportation; or type of product, such as paper, chemical, or plastics products. ============================================================================ TYPICAL OCCUPATIONAL CHARACTERISTICS 189.117-022 MANAGER, INDUSTRIAL ORGANIZATION (any industry) ---------------------------------------------------------------------------- R M L G V N S P Q K F M E C GED: 5 4 5 Aptitudes: 2 2 2 3 3 3 4 4 4 5 5 Maximum SVP: 8 (Highly Skilled) Temperaments:DPJ Strength: L CL BA ST KN CR CW RE HA FI FE TA HE TS NE FA DE AC CV FV Physical Demands: N N N N N N O O O N F F N F N N N N N WE CO HO WT NO VI AT MV EL HI RA EX TX OT Environmental Conditions: N N N N 3 N N N N N N N N N MPSMS code: 893 GENERAL ADMINISTRATION & ADMINISTRATIVE SPECIALTIE WORK field: 295 ADMINISTERING I.D. code: 138 ANY INDUSTRY CENSUS code: 002 GENERAL AND OPERATIONS MANAGERS GOE code: 11.05.01 MANAGEMENT SERVICES: NON-GOVERNMENT SOC code: 1210 GENERAL MANAGERS AND OTHER TOP EXECUTIVES CIP code: 52.0201 BUSINESS ADMINISTRATION AND MANAGEMENT, GENERAL OES code: 19005 GENERAL MANAGERS AND TOP EXECUTIVES Canada NOC : 0013 SENIOR MANAGERS - FINANCIAL, OTHER BUS. SERVICES ============================================================================ 292.353-010 DRIVER, SALES ROUTE (retail trade) J O B D E S C R I P T I O N -----------------------------

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DELIVERY-ROUTE TRUCK DRIVER; ROUTE DRIVER; TRUCK DRIVER, SALES ROUTE. Drives truck or automobile over established route to deliver and sell products or render services, collects money from customers, and makes change: Drives truck to deliver such items as beer, soft drinks, bakery products, dry cleaning, laundry, specialty foods, and medical supplies to customer's home or place of business. Collects money from customers, makes change, and records transactions on customer receipt. Writes customer order and instructions. Records sales or deliveries information on daily sales or delivery record. Calls on prospective customers to solicit new business. Prepares order forms and sales contracts. Informs regular customers of new products or services. Listens to and resolves service complaints. May place stock on shelves or racks. May set up merchandise and sales promotion displays or issue sales promotion materials to customers. May collect or pick up empty containers or rejected or unsold merchandise. May load truck. May issue or obtain customer signature on receipt for pickup or delivery. May clean inside of truck. May perform routine maintenance on truck. May direct DRIVER HELPER, SALES ROUTE (retail trade; wholesale tr.) 292.667-010 to load and unload truck and carry merchandise. May be designated according to product delivered or service rendered. ============================================================================ TYPICAL OCCUPATIONAL CHARACTERISTICS 292.353-010 DRIVER, SALES ROUTE (retail trade) ---------------------------------------------------------------------------- R M L G V N S P Q K F M E C GED: 3 2 3 Aptitudes: 3 3 3 4 4 3 3 4 3 3 4 Maximum SVP: 3 (Semi-Skilled) Temperaments:IP Strength: M CL BA ST KN CR CW RE HA FI FE TA HE TS NE FA DE AC CV FV Physical Demands: N N O N N N F F O N F F N O F F O F F WE CO HO WT NO VI AT MV EL HI RA EX TX OT Environmental Conditions: O N N N 4 N N N N N N N N N MPSMS code: 880 MERCHANDISING SERVICES WORK field: 013 TRANSPORTING 292 MERCHANDISING-SALES I.D. code: 741 RETAIL TRADE 948 WHOLESALE TRADE CENSUS code: 913 DRIVER/SALES WORKERS AND TRUCK DRIVERS GOE code: 08.02.07 DRIVING-SELLING

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SOC code: 8218 DRIVER-SALES WORKERS CIP code: 00.0000 ** NO CODE ASSIGNED ** OES code: 97117 DRIVER/SALES WORKERS Canada NOC : 7414 DELIVERY DRIVERS ====================================================================== * * * DETAILED SUMMARY OF DEMONSTRATED CAPACITIES FROM WORK HISTORY * * * ====================================================================== 185.117-014 AREA SUPERVISOR, RETAIL CHAIN STORE (retail trade) 189.117-022 MANAGER, INDUSTRIAL ORGANIZATION (any industry) 292.353-010 DRIVER, SALES ROUTE (retail trade) STRENGTH: --------- Medium - Exert force of 20-50 lbs. occasionally, 10-25 lbs. frequently, or up to 10 lbs. constantly. PHYSICAL DEMANDS: ----------------- Occasional ST - Stooping Frequent RE - Reaching Frequent HA - Handling Frequent FI - Fingering Frequent TA - Talking Frequent HE - Hearing Frequent NE - Near Acuity (Under 20 inches) Frequent FA - Far Acuity (Over 20 feet) Frequent DE - Depth Perception Occasional AC - Accommodation (Focal length change) Frequent CV - Color Vision Frequent FV - Field of Vision (Peripheral vision) ENVIRONMENTAL CONDITIONS (To which the worker is exposed) --------------------------------------------------------- Occasional WE - Exposure to Weather Loud NO - Noise Intensity Level GENERAL EDUCATIONAL DEVELOPMENT - (Functional Examples) -------------------------------------------------------

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Reasoning Skills (GED-R-5) -------------------------- Apply principles of logical or scientific thinking to define problems, collect data, establish facts, and draw valid conclusions. Interpret an extensive variety of technical instructions in mathematical or diagrammatic form. Deal with several abstract and concrete variables. Mathematical Skills (GED-M-4) ----------------------------- Algebra: Deal with system of real numbers; linear, quadratic, rational, exponential; logarithmic, angle, and circular functions, and inverse functions; related algebraic solution of equations and inequalities; limits and continuity, and probability and statistical inference Geometry: Deductive axiomatic geometry, plane and solid; and rectangular coordinates. Shop math: Practical application of fractions, percentages ratio and proportion, measurement, logarithms, practical algebra, geometic constructions, and essentials of trigonometry. Language Skills (GED-L-5) ------------------------- Reading: Read literature, book and play reviews, scientific and technical journals, abstracts, financial reports, and legal documents. Writing: Write novels, plays, editorials, journals, speeches, manuals, critiques, poetry, and songs. Speaking: Conversant in the theory, principles, and methods of effective and persuasive speaking, voice and diction, phonetics, and discussion and debate. APTITUDES PERCENTILE TYPICAL PERFORMANCE LEVEL -------------------------- ------------ ------------------------------ G - Intelligence 66% to 89% Above Average V - Verbal 66% to 89% Above Average N - Numerical 66% to 89% Above Average S - Spatial perception 34% to 65% Average P - Form perception 34% to 65% Average Q - Clerical perception 66% to 89% Above Average K - Motor coordination 34% to 65% Average F - Finger dexterity 34% to 65% Average M - Manual dexterity 34% to 65% Average

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E - Eye/hand/foot coord 34% to 65% Average C - Color discrimination 10% to 33% Below Average SPECIFIC VOCATIONAL PREPARATION: (Maximum) - From four to ten years (SVP=8) -------------------------------- (Education, Training, and/or Experience) JOB TEMPERAMENTS (Common situations to which the worker must adapt) --------------------------------------------------------------------- D - DIRECTING, controlling, planning the activities of others: Accepting responsibility for formulating plans, designs, practices, policies, methods, regulations, and operational procedures; negotiating agreements; supervising others. I - INFLUENCING people in their opinions, attitudes, and judgements: Writing, demonstrating, or speaking to persuade and motivate people to change their attitude or opinion, participate in an activity, or buy a service or commodity. P - Dealing with PEOPLE: Involves interpersonal relationships in job situations beyond receiving work instructions. Examples: Counselor, guide, personnel manager, receptionist, health care practitioner. J - Making JUDGEMENTS and decisions: Involves solving problems, making evaluations, and reaching conclusions based on either subjective or objective criteria, such as the five senses, knowledge, past experiences, or quantifiable/ factual data. DEMONSTRATED WORKER FUNCTIONS ---------------------------------------------------------------------------- DATA PEOPLE THINGS ---------------------------------------------------------------------------- 1 COORDINATING 1 NEGOTIATING 3 DRIVING-OPERATING 3 COMPILING 5 PERSUADING 7 HANDLING Experience with these Materials, Products, Subject Matter,or Services --------------------------------------------------------------------- MPSMS code: 880 MERCHANDISING SERVICES

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MPSMS code: 893 GENERAL ADMINISTRATION & ADMINISTRATIVE SPECIALTIE Skill Level and Experience in these WORK Fields ----------------------------------------------- (Semi-Skilled) WORK field: 013 TRANSPORTING (Semi-Skilled) WORK field: 292 MERCHANDISING-SALES (Highly Skilled) WORK field: 295 ADMINISTERING Work Experience in these DOT Industry Designations -------------------------------------------------- I.D. code: 138 ANY INDUSTRY I.D. code: 741 RETAIL TRADE I.D. code: 948 WHOLESALE TRADE Interest in these GOE Areas --------------------------- GOE code: 08.02.07 DRIVING-SELLING GOE code: 11.05.01 MANAGEMENT SERVICES: NON-GOVERNMENT GOE code: 11.11.05 WHOLESALE-RETAIL Alternate Occupational Titles ----------------------------- CENSUS code: 002 GENERAL AND OPERATIONS MANAGERS CENSUS code: 005 MARKETING AND SALES MANAGERS CENSUS code: 913 DRIVER/SALES WORKERS AND TRUCK DRIVERS Associated Instructional Programs --------------------------------- CIP code: 00.0000 ** NO CODE ASSIGNED ** CIP code: 52.0201 BUSINESS ADMINISTRATION AND MANAGEMENT, GENERAL CIP code: 52.1401 BUSINESS MARKETING AND MARKETING MANAGEMENT Canadian Occupational Areas --------------------------- NOC code: 0013 SENIOR MANAGERS - FINANCIAL, OTHER BUS. SERVICES NOC code: 0123 OTHER BUSINESS SERVICES MANAGERS NOC code: 7414 DELIVERY DRIVERS

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PRE-INJURY ADJUSTMENTS: ----------------------- NOTE: An assumption is made that the worker had the capacity to constantly perform all physical demand factors and that the worker could tolerate constant exposure to all environmental conditions. In the absence of information to the contrary, it is also assumed that at least average functioning was possible in the areas below, even though the past jobs in work history did not require the worker to demonstrate or perform at these average levels. APTITUDES: ("Average" is the middle third of the population) C - COLOR DISCRIMINATION ================================================================== * DETAILED ADJUSTMENTS OF WORKER CHARACTERISTICS DUE TO * * - Preference or Ability to Perform * * - Unused Potential and/or Test Results * ================================================================== STRENGTH: --------- Light - Exert force to 20 lbs. occasionally or 10 lbs. frequently, or negligible force constantly. May involve significant stand/walk/ push/pull. PHYSICAL DEMANDS: ----------------- Maximum Physical Capacities (Able to perform constantly except as noted): Not able to do CL - Climbing Not able to do BA - Balancing Occasional ST - Stooping Not able to do KN - Kneeling Not able to do CR - Crouching Not able to do CW - Crawling Occasional RE - Reaching Occasional HA - Handling

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Occasional FI - Fingering Occasional FE - Feeling ENVIRONMENTAL CONDITIONS (To which the worker is exposed) --------------------------------------------------------- Maximum Permissible Exposure (Constant exposure assumed except as noted): No exposure to WE - Exposure to Weather No exposure to CO - Extreme Cold No exposure to HO - Extreme Heat No exposure to WT - Wet and/or Humid Moderate NO - Noise Intensity Level No exposure to VI - Vibration No exposure to AT - Atmospheric Conditions No exposure to MV - Moving Mechanical Parts Hazard No exposure to EL - Electrical Shock Hazard No exposure to HI - High, Exposed Place Hazard No exposure to RA - Exposure to Radiation No exposure to EX - Explosion Hazard No exposure to TX - Toxic/Caustic Chemical Hazard No exposure to OT - Other Environmental Conditions GENERAL EDUCATIONAL DEVELOPMENT : No change APTITUDES PERCENTILE TYPICAL PERFORMANCE LEVEL -------------------------- ------------ ------------------------------ G - Intelligence No Change V - Verbal No Change N - Numerical No Change S - Spatial perception No Change P - Form perception No Change Q - Clerical perception No Change K - Motor coordination No Change F - Finger dexterity No Change M - Manual dexterity No Change E - Eye/hand/foot coord No Change C - Color discrimination No Change SPECIFIC VOCATIONAL PREPARATION: (Maximum) - No Change -------------------------------- (Minimum) - No Change JOB TEMPERAMENTS : No incompatibilities

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PRE-INJURY / POST INJURY OCCUPATIONAL SERVICE ============================================== | DIRECTLY TRANSFERABLE | ++ OCCUPATIONS | || -------------------------- Post- | 12 || | Occupations which involve Injury | ++ | similar work experience | | to the past and which require | +-+ little or no learning of | | | essential job duties. Pre- | 21 | | | Injury | +-+ | 42.9 % Occupational Loss* | _| | | CLOSELY TRANSFERABLE | + OCCUPATIONS | | -------------------------- Post- | 0 | Occupations which involve Injury | + similar work experience | to the past and which may | + require some learning of | | essential job duties. Pre- | 0 | Injury | + .0 % Occupational Loss* | | | GENERALLY TRANSFERABLE | +-----+ OCCUPATIONS | | | -------------------------- Post- | 44 | | | Occupations which involve Injury | +-----+ | generally related work | _____| to the past and which likely | +--------------------------+ require some learning of | | | essential job duties. Pre- | 177 | | | Injury | +--------------------------+ | 75.2 % Occupational Loss* | __________________________| | ------------------------------------------------------------------------------ UNSKILLED OCCUPATIONS | + WITHIN BASIC CAPACITIES | | -------------------------- Post- | 12 | | Unskilled occupations which Injury | + | are within all basic work | | capacities (worker traits). | +------------------------------+ All job duties can be | | |

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learned within 30 days. Pre- | 2675 | | | Injury | +------------------------------+ | 99.6 % Occupational Loss* | ______________________________| * OCCUPATIONAL LOSS is the percentage of occupations which the worker is no longer able to perform due to injury. CAUTION should be exercised in generalizing from this figure, since this calculation assumes that occupational titles occur with equal frequency. ============================================================================== * PRE-INJURY / POST-INJURY OCCUPATIONAL SERVICE * ============================================================================== DIRECTLY TRANSFERABLE OCCUPATIONS are those which share at least one of the 3-digit WORK fields as known from the past work history AND which have at least one of the same 3-digit MPSMS codes from any of the jobs performed in the past. Directly transferable occupations have primary job duties which are very similar to past work. Little or no learning of job duties would be anticipated in a new occupation. CLOSELY TRANSFERABLE OCCUPATIONS are those which are in combination WORK fields (which involve multiple work technologies) AND which have at least one of the same 3-digit MPSMS codes from past work history. A combination work field suggests very similarly related occupations which involve a variety of technologies (only some of which may be familiar to the worker). Closely transferable occupations do not include directly transferable titles. Some learning of a few job duties may be anticipated. GENERALLY TRANSFERABLE OCCUPATIONS are those which share at least one of the 2-digit WORK fields from the past work history AND which involve at least one of the 2-digit MPSMS codes from the past. Two digit coding clusters occupations into generally related groups which may not share the same specific skills as developed in the past. Generally transferable occupations do not include directly or closely transferable titles. Some learning of essential job duties is quite likely to be necessary. UNSKILLED OCCUPATIONS can be learned within 30 days and require no previous occupational experience. As such, they are not included in the analysis of transferable skills. There are a total of 3125 unskilled occupations. ============================================================================== PRE-INJURY / POST-INJURY PRE-INJURY POST-INJURY

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OCCUPATIONAL SERVICE OCCUPATIONAL OCCUPATIONAL ACCESS (PRE) ACCESS (POST) LOSS * ------------------------------------------------------------------------------ DIRECTLY TRANSFERABLE OCCUPATIONS 21 12 42.9% CLOSELY TRANSFERABLE OCCUPATIONS 0 0 .0% GENERALLY TRANSFERABLE OCCUPATIONS 177 44 75.2% ------------------------------------------------------------------------------ TOTAL 198 56 71.8% ------------------------------------------------------------------------------ UNSKILLED OCCUPATIONS 2675 12 99.6% * OCCUPATIONAL LOSS is the percentage of occupations which the worker is no longer able to perform due to injury. CAUTION should be exercised in generalizing from this figure, since this calculation assumes that occupational titles occur with equal frequency. ============================================================================== * * * POST-INJURY OCCUPATIONAL ACCESS * * ------------------------------- * * The occupations listed below are able to be performed by the worker * * both before the injury AND after the injury. These occupations are not * * listed again under the Pre-Injury Occupational Access section. * * * ============================================================================== ============================================================================== DOT CODE TITLE CENSUS STREN SVP GED APTITUDES ============================================================================== DIRECTLY TRANSFERABLE OCCUPATIONS --------------------------------- HIGHLY SKILLED (HS) ------------------- 169.167-082 MANAGER, COMPUTER OPERATIONS 011 S 8 544 22333344455 183.117-010 MANAGER, BRANCH 014 S 8 544 22244344455 189.117-018 MANAGER, CUSTOMER TECHNICAL SERVIC 005 S 8 544 22344344455 189.117-034 VICE PRESIDENT 001 S 8 545 22244344455 166.167-034 MANAGER, LABOR RELATIONS 013 L 8 545 22344344455 189.117-010 ASSOCIATION EXECUTIVE 043 L 8 545 22244344455 189.117-022 MANAGER, INDUSTRIAL ORGANIZATION 002 L 8 545 22233344455 SKILLED (SK)

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------------ 187.117-038 MANAGER, HOTEL OR MOTEL 034 S 7 544 22244244455 189.167-022 MANAGER, DEPARTMENT 001 S 7 544 22333344455 169.167-074 PREVENTIVE MAINTENANCE COORDINATOR 700 L 7 433 22233355455 189.167-018 MANAGEMENT TRAINEE 043 L 6 534 22344344455 293.157-010 FUND RAISER I 006 L 6 534 22355354455 GENERALLY TRANSFERABLE OCCUPATIONS ---------------------------------- HIGHLY SKILLED (HS) ------------------- 162.117-014 CONTRACT ADMINISTRATOR 015 S 8 535 22344344455 163.167-014 MANAGER, CIRCULATION 471 S 8 534 22233344455 164.117-018 MEDIA DIRECTOR 004 S 8 545 22233244455 169.167-086 MANAGER, CREDIT AND COLLECTION 012 S 8 444 22355244555 186.117-034 MANAGER, BROKERAGE OFFICE 001 S 8 545 22255244555 186.117-082 FOREIGN-EXCHANGE DEALER 012 S 8 544 22254344455 239.137-010 COMMERCIAL-INSTRUCTOR SUPERVISOR 062 S 8 434 22343344455 250.257-014 FINANCIAL PLANNER 482 S 8 534 22355255555 184.117-010 DIRECTOR, PUBLIC SERVICE 271 L 8 545 22344344455 186.117-062 RENTAL MANAGER, PUBLIC EVENTS FACI 041 L 8 544 22344344455 188.167-070 RELOCATION COMMISSIONER 001 L 8 545 22234444455 SKILLED (SK) ------------ 159.167-022 EXECUTIVE PRODUCER, PROMOS 004 S 7 535 22443344454 185.157-018 WHOLESALER II 471 S 7 545 22344344454 186.167-042 MANAGER, MARKET 041 S 7 433 22334344455 187.167-170 MANAGER, WORLD TRADE AND MARITIME 005 S 7 545 22344444455 188.167-038 DIRECTOR, SECURITIES AND REAL ESTA 090 S 7 545 22244444455 189.167-014 DIRECTOR, SERVICE 010 S 7 544 22343344455 250.257-018 REGISTERED REPRESENTATIVE 482 S 7 434 22255353555 162.157-038 PURCHASING AGENT 053 L 7 434 22343344454 165.167-010 SALES-SERVICE PROMOTER 282 L 7 535 22233344444 166.267-046 HUMAN RESOURCE ADVISOR 062 L 7 535 22455355555 251.257-014 SALES AGENT, PSYCHOLOGICAL TESTS A 484 L 7 545 22344244454 260.357-010 COMMISSION AGENT, AGRICULTURAL PRO 485 S 6 434 22244344455 162.157-026 COMMISSION AGENT, LIVESTOCK 485 L 6 434 22344444454 163.267-010 FIELD REPRESENTATIVE 005 L 6 543 22334344455 274.357-030 SALES REPRESENTATIVE, DAIRY SUPPLI 485 L 6 434 23333344454 275.357-026 SALES REPRESENTATIVE, HOTEL & REST 485 L 6 434 32334344454 169.267-018 FINANCIAL-AID COUNSELOR 091 S 5 444 32343244455 222.137-050 VAULT CASHIER 500 L 5 433 33343334454 250.357-026 SALES AGENT, FINANCIAL-REPORT SERV 482 L 5 434 22344344455

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251.357-022 SALES REPRESENTATIVE, FRANCHISE 484 L 5 434 33344344455 254.357-018 SALES REPRESENTATIVE, PRINTING 484 L 5 434 33343344454 270.357-010 SALES REPRESENTATIVE, HOME FURNISH 485 L 5 434 33333344454 273.357-014 SALES REPRESENTATIVE, AUTOMOTIVE-L 484 L 5 434 33344344455 274.357-014 SALES REPRESENTATIVE, BOTTLES & BO 485 L 5 434 32333344455 274.357-046 SALES REPRESENTATIVE, LUBRICATING 485 L 5 434 32333343355 275.357-010 SALES REPRESENTATIVE, BARBER AND B 485 L 5 434 33333344454 275.357-042 SALES REPRESENTATIVE, SCHOOL EQUIP 485 L 5 434 32333344454 277.357-010 SALES REPRESENTATIVE, HOBBIES AND 485 L 5 434 33333333354 279.357-026 SALES REPRESENTATIVE, PAPER AND PA 485 L 5 434 33333345454 279.357-042 SALESPERSON, BURIAL NEEDS 484 L 5 434 32344344454 SEMI-SKILLED (SS) ----------------- 259.357-030 SALES REPRESENTATIVE, WEATHER-FORE 484 L 4 434 33343344455 275.357-038 SALES REPRESENTATIVE, PRESSURE-SEN 485 L 4 434 33344344455 293.357-022 MEMBERSHIP SOLICITOR 484 L 4 434 33455354555 ============================================================================== * * * PRE-INJURY OCCUPATIONAL ACCESS * * ------------------------------ * * The occupations listed below were able to be performed by the worker * * before the injury but CANNOT BE PERFORMED NOW due to residual limitations. * * This listing does not include the Post-Injury Occupations. * * * ============================================================================== ============================================================================== DOT CODE TITLE CENSUS STREN SVP GED APTITUDES ============================================================================== DIRECTLY TRANSFERABLE OCCUPATIONS --------------------------------- HIGHLY SKILLED (HS) ------------------- 163.167-018 MANAGER, SALES 005 S 8 535 22233344455 166.167-030 MANAGER, EMPLOYMENT 013 S 8 545 22355355555 183.117-014 PRODUCTION SUPERINTENDENT 014 L 8 544 22333344455 SKILLED (SK) ------------ 165.117-014 DIRECTOR, FUNDS DEVELOPMENT 006 S 7 545 22244344455 166.167-018 MANAGER, BENEFITS 013 S 7 444 22255244455 185.117-014 AREA SUPERVISOR, RETAIL CHAIN STOR 005 L 7 434 22234243355

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292.137-014 SUPERVISOR, ROUTE SALES-DELIVERY D 900 L 5 434 33344344445 SEMI-SKILLED (SS) ----------------- 297.454-010 DEMONSTRATOR, SEWING TECHNIQUES 490 L 3 333 33434433334 292.353-010 DRIVER, SALES ROUTE 913 M 3 323 33344334334 GENERALLY TRANSFERABLE OCCUPATIONS ---------------------------------- HIGHLY SKILLED (HS) ------------------- 161.117-014 DIRECTOR, RECORDS MANAGEMENT 071 S 8 545 22333255553 161.167-014 MANAGER, FORMS ANALYSIS 071 S 8 544 22333255553 161.167-022 MANAGER, REPORTS ANALYSIS 071 S 8 544 22333255553 163.117-022 DIRECTOR, MEDIA MARKETING 005 S 8 545 22333244454 163.117-026 DIRECTOR, UNDERWRITER SOLICITATION 006 S 8 534 22344344455 163.167-010 MANAGER, ADVERTISING 005 S 8 535 22233344455 165.117-010 DIRECTOR, FUNDRAISING 006 S 8 544 22244344455 166.167-038 PORT PURSER 062 S 8 544 22244244455 166.167-046 SPECIAL AGENT 471 S 8 535 22353244455 169.167-014 ADMINISTRATIVE SECRETARY 570 S 8 545 22344344455 185.117-010 MANAGER, DEPARTMENT STORE 001 S 8 545 22244344455 186.117-030 GENERAL CLAIMS AGENT 016 S 8 444 22344344455 186.117-066 RISK AND INSURANCE MANAGER 012 S 8 544 22244344455 186.167-086 MANAGER, FINANCIAL INSTITUTION 012 S 8 545 22244344455 187.167-018 BUSINESS REPRESENTATIVE, LABOR UNI 043 S 8 534 22334444445 180.167-066 MANAGER, ORCHARD 020 L 8 545 23333344444 184.167-114 MANAGER, WAREHOUSE 016 L 8 434 22334444455 186.117-086 MANAGER, EXCHANGE FLOOR 012 L 8 545 22255244454 186.167-046 MANAGER, PROPERTY 041 L 8 434 22344344455 186.167-066 MANAGER, REAL-ESTATE FIRM 041 L 8 434 22233344445 188.117-122 PROPERTY-UTILIZATION OFFICER 043 L 8 544 22333344454 221.137-018 SUPERVISOR, PRODUCTION CONTROL 500 L 8 434 22333244455 SKILLED (SK) ------------ 162.157-010 BROKER-AND-MARKET OPERATOR, GRAIN 482 S 7 544 22233344455 162.167-022 MANAGER, PROCUREMENT SERVICES 015 S 7 444 22244244455 162.167-038 SECURITIES TRADER 482 S 7 545 22255243455 169.167-034 MANAGER, OFFICE 010 S 7 434 22344343455 169.167-050 SPECIAL AGENT, GROUP INSURANCE 481 S 7 535 22343244455 185.167-034 MANAGER, MERCHANDISE 015 S 7 434 22344444455 186.167-030 MANAGER, HOUSING PROJECT 041 S 7 544 22344344455 186.167-090 MANAGER, TITLE SEARCH 043 S 7 444 22243344455

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262.357-022 SALES REPRESENTATIVE, WATER-TREATM 485 S 7 333 32344244443 096.127-018 FEED AND FARM MANAGEMENT ADVISER 255 L 7 434 32344343344 185.157-010 FASHION COORDINATOR 005 L 7 545 22343444453 185.157-014 SUPERVISOR OF SALES 005 L 7 444 22244344455 185.167-046 MANAGER, RETAIL STORE 470 L 7 444 22344344455 185.167-066 VENDING-STAND SUPERVISOR 470 L 7 544 22333344454 186.117-074 TRUST OFFICER 012 L 7 545 22244344455 186.167-038 MANAGER, LAND LEASES-AND-RENTALS 041 L 7 444 23344344455 186.167-062 CONDOMINIUM MANAGER 041 L 7 434 22343234455 186.167-070 ASSISTANT BRANCH MANAGER, FINANCIA 012 L 7 545 22244244455 189.157-010 BUSINESS-OPPORTUNITY & PROPERTY-IN 073 L 7 544 22334344455 189.167-026 MEMBERSHIP DIRECTOR 043 L 7 544 22344444455 250.257-022 SALES REPRESENTATIVE, FINANCIAL SE 482 L 7 545 22244344455 299.137-018 SAMPLE-ROOM SUPERVISOR 770 L 7 434 32343444453 185.167-014 MANAGER, AUTOMOBILE SERVICE STATIO 470 M 7 444 33333333343 299.137-010 MANAGER, DEPARTMENT 470 M 7 433 33343344454 201.162-010 SOCIAL SECRETARY 570 S 6 424 22343333354 276.257-014 SALES REPRESENTATIVE, WEIGHING & F 485 S 6 545 22233344455 293.137-010 SUPERVISOR, BLOOD-DONOR RECRUITERS 471 S 6 434 32355244555 162.157-018 BUYER 052 L 6 434 22244344455 162.157-022 BUYER, ASSISTANT 052 L 6 433 22333344453 162.167-034 FLOOR BROKER 482 L 6 534 22355244454 181.167-010 MANAGER, FIELD PARTY, GEOPHYSICAL 043 L 6 444 22244344455 185.167-026 MANAGER, MACHINERY-OR-EQUIPMENT, R 470 L 6 444 33344444455 187.167-218 MANAGER, ANIMAL SHELTER 600 L 6 535 22343344455 191.167-018 LOCATION MANAGER 073 L 6 434 22334344455 250.257-010 SALES AGENT, INSURANCE 481 L 6 434 22255244455 261.357-014 SALES REPRESENTATIVE, CANVAS PRODU 485 L 6 434 33333344454 261.357-034 SALES REPRESENTATIVE, UNIFORMS 485 L 6 434 33343344454 273.353-010 SALESPERSON, AUTOMOBILES 476 L 6 434 33333344434 274.357-018 SALES REPRESENTATIVE, BUILDING EQU 485 L 6 434 33333344444 279.157-010 MANUFACTURER'S REPRESENTATIVE 485 L 6 434 22343344454 279.357-022 SALES REPRESENTATIVE, LEATHER GOOD 485 L 6 434 33344344454 279.357-046 SALESPERSON, FLYING SQUAD 476 L 6 434 33344333354 294.257-010 AUCTIONEER 496 L 6 323 32453344454 299.167-010 CIRCULATION-SALES REPRESENTATIVE 485 L 6 434 33444444455 299.357-018 WEDDING CONSULTANT 496 L 6 434 32343344453 299.364-010 DRAPERY AND UPHOLSTERY MEASURER 496 L 6 332 33333333354 372.167-014 GUARD, CHIEF 373 L 6 323 33433444454 372.167-022 MANAGER, ARMORED TRANSPORT SERVICE 043 L 6 434 23344244445 187.167-134 MANAGER, MUTUEL DEPARTMENT 033 S 5 444 22244244455 249.137-026 SUPERVISOR, ORDER TAKERS 500 S 5 434 33344344455 299.387-010 DRAPERY AND UPHOLSTERY ESTIMATOR 496 S 5 332 33333344454 379.362-014 PROTECTIVE-SIGNAL OPERATOR 552 S 5 323 33333333453

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186.167-018 MANAGER, APARTMENT HOUSE 041 L 5 434 33344344455 250.357-010 BUILDING CONSULTANT 492 L 5 434 22333344455 250.357-014 LEASING AGENT, RESIDENCE 492 L 5 424 22344334455 250.357-018 SALES AGENT, REAL ESTATE 492 L 5 434 22333344455 251.357-010 SALES AGENT, BUSINESS SERVICES 484 L 5 434 33334344454 261.354-010 SALESPERSON, CORSETS 476 L 5 434 33333433354 261.357-074 SALESPERSON, LEATHER-AND-SUEDE APP 476 L 5 333 33343344453 273.357-018 SALES REPRESENTATIVE, BOATS AND MA 476 L 5 434 33333344354 277.357-022 SALES REPRESENTATIVE, PUBLICATIONS 485 L 5 434 33344344455 279.357-014 SALES REPRESENTATIVE, GENERAL MERC 485 L 5 434 33344344444 279.357-062 SALESPERSON, PARTS 475 L 5 433 33344343454 291.157-010 SUBSCRIPTION CREW LEADER 471 L 5 323 33334344455 295.367-018 FILM-RENTAL CLERK 535 L 5 434 33343343455 296.357-010 PERSONAL SHOPPER 496 L 5 433 33344444455 299.137-026 SUPERVISOR, MARINA SALES AND SERVI 470 L 5 434 33333333344 275.357-034 SALES REPRESENTATIVE, OFFICE MACHI 485 M 5 434 32333333355 SEMI-SKILLED (SS) ----------------- 254.357-010 LEASING AGENT, OUTDOOR ADVERTISING 480 L 4 323 33344344455 260.357-018 SALES REPRESENTATIVE, MALT LIQUORS 485 L 4 433 33344344454 261.357-050 SALESPERSON, MEN'S AND BOYS' CLOTH 476 L 4 333 33343344453 261.357-054 SALESPERSON, MEN'S FURNISHINGS 476 L 4 434 33343433353 261.357-062 SALESPERSON, SHOES 476 L 4 323 33344343354 270.357-022 SALESPERSON, CURTAINS AND DRAPERIE 476 L 4 434 33333344453 270.357-030 SALESPERSON, FURNITURE 476 L 4 333 33333344453 275.357-054 SALESPERSON, FLORIST SUPPLIES 485 L 4 434 33343344454 277.357-034 SALESPERSON, BOOKS 476 L 4 434 32344333455 277.457-010 SALESPERSON, ART OBJECTS 476 L 4 323 33344344454 279.357-038 SALESPERSON-DEMONSTRATOR, PARTY PL 495 L 4 434 33344344444 279.357-050 SALESPERSON, GENERAL HARDWARE 476 L 4 322 33344344454 295.467-022 TRAILER-RENTAL CLERK 474 L 4 333 33344344455 295.467-026 AUTOMOBILE RENTAL CLERK 474 L 4 333 33344344455 299.367-010 CUSTOMER-SERVICE CLERK 496 L 4 333 33343343453 376.367-026 UNDERCOVER OPERATOR 391 L 4 323 33444344444 961.367-010 MODEL, PHOTOGRAPHERS' 490 L 4 311 34544543343 292.363-010 NEWSPAPER-DELIVERY DRIVER 913 M 4 322 34444344435 295.357-014 TOOL-AND-EQUIPMENT-RENTAL CLERK 474 M 4 333 33343344444 299.357-014 TELEPHONE SOLICITOR 494 S 3 333 33344344455 259.357-038 TOBACCO-WAREHOUSE AGENT 484 L 3 323 33444444455 261.357-046 SALESPERSON, INFANTS' AND CHILDREN 476 L 3 434 33343433354 261.357-066 SALESPERSON, WOMEN'S APPAREL AND A 476 L 3 323 33344443353 269.357-018 SALES-PROMOTION REPRESENTATIVE 480 L 3 423 33443333344 277.357-046 SALESPERSON, PHONOGRAPH RECORDS AN 476 L 3 333 33344344455

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277.357-066 SALESPERSON, TOY TRAINS AND ACCESS 476 L 3 434 33344343454 279.357-010 SALES EXHIBITOR 490 L 3 323 33344444454 279.357-054 SALESPERSON, GENERAL MERCHANDISE 476 L 3 322 33344344454 290.477-014 SALES CLERK 476 L 3 322 33344344454 290.477-018 SALES CLERK, FOOD 474 L 3 332 33343333455 293.357-010 BLOOD-DONOR RECRUITER 484 L 3 424 32455344555 295.357-010 APPAREL-RENTAL CLERK 474 L 3 333 33344444454 295.367-010 AIRPLANE-CHARTER CLERK 474 L 3 434 33343344455 296.367-014 COMPARISON SHOPPER 496 L 3 423 33453354453 297.354-010 DEMONSTRATOR 490 L 3 333 33344433344 297.667-014 MODEL 490 L 3 312 33544544443 299.364-014 GIFT WRAPPER 496 L 3 321 44434443454 349.677-014 COACH DRIVER 443 L 3 311 34443544455 291.457-018 PEDDLER 495 M 3 221 44443444443 292.483-010 COIN COLLECTOR 913 M 3 323 34444434334 372.563-010 ARMORED-CAR GUARD AND DRIVER 392 M 3 322 34334334335 372.567-010 ARMORED-CAR GUARD 392 M 3 322 33343334455 915.467-010 AUTOMOBILE-SERVICE-STATION ATTENDA 936 M 3 322 33343444355 ============================================================================== * * * POST-INJURY UNSKILLED OCCUPATIONAL ACCESS * * ----------------------------------------- * * The unskilled occupations listed below are able to be performed by the * * worker both before the injury AND after the injury. These occupations * * are not based on an analysis of transferable skills, but are within the * * basic capacities of the worker. * ============================================================================== ============================================================================== DOT CODE TITLE CENSUS STREN SVP GED APTITUDES ============================================================================== 205.367-030 ELECTION CLERK 586 S 2 322 33454344455 237.367-014 CALL-OUT OPERATOR 523 S 2 323 33445333455 379.367-010 SURVEILLANCE-SYSTEM MONITOR 395 S 2 313 33444444455 249.366-010 COUNTER CLERK 474 L 2 222 44444344455 349.667-014 HOST/HOSTESS, HEAD 465 L 2 323 33444544444 352.667-014 PARLOR CHAPERONE 465 L 2 312 33444444455 353.367-022 PAGE 454 L 2 323 33444444455 359.367-010 ESCORT 465 L 2 323 33444444444 359.667-010 CHAPERON 465 L 2 322 33444444455 372.667-042 SCHOOL BUS MONITOR 395 L 2 212 43444444455 429.587-010 COTTON CLASSER AIDE 604 L 2 212 44444344455 590.685-042 IRONER 896 L 2 211 44443444455

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================================================================== * DETAILED ADJUSTMENTS OF WORKER CHARACTERISTICS DUE TO * * - Preference or Ability to Perform * * - Unused Potential and/or Test Results * ================================================================== STRENGTH: --------- Light - Exert force to 20 lbs. occasionally or 10 lbs. frequently, or negligible force constantly. May involve significant stand/walk/ push/pull. PHYSICAL DEMANDS: ----------------- Maximum Physical Capacities (Able to perform constantly except as noted): Not able to do CL - Climbing Not able to do BA - Balancing Occasional ST - Stooping Not able to do KN - Kneeling Not able to do CR - Crouching Not able to do CW - Crawling Occasional RE - Reaching Occasional HA - Handling Occasional FI - Fingering Occasional FE - Feeling ENVIRONMENTAL CONDITIONS (To which the worker is exposed) --------------------------------------------------------- Maximum Permissible Exposure (Constant exposure assumed except as noted): No exposure to WE - Exposure to Weather No exposure to CO - Extreme Cold No exposure to HO - Extreme Heat No exposure to WT - Wet and/or Humid Moderate NO - Noise Intensity Level No exposure to VI - Vibration No exposure to AT - Atmospheric Conditions No exposure to MV - Moving Mechanical Parts Hazard No exposure to EL - Electrical Shock Hazard No exposure to HI - High, Exposed Place Hazard No exposure to RA - Exposure to Radiation No exposure to EX - Explosion Hazard No exposure to TX - Toxic/Caustic Chemical Hazard

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No exposure to OT - Other Environmental Conditions GENERAL EDUCATIONAL DEVELOPMENT : No change APTITUDES PERCENTILE TYPICAL PERFORMANCE LEVEL -------------------------- ------------ ------------------------------ G - Intelligence No Change V - Verbal No Change N - Numerical No Change S - Spatial perception No Change P - Form perception No Change Q - Clerical perception No Change K - Motor coordination No Change F - Finger dexterity No Change M - Manual dexterity No Change E - Eye/hand/foot coord No Change C - Color discrimination No Change SPECIFIC VOCATIONAL PREPARATION: (Maximum) - No Change -------------------------------- (Minimum) - Short demonstration only (SVP=1) (Education, Training, and/or Experience) JOB TEMPERAMENTS : No incompatibilities PRE-INJURY / POST INJURY OCCUPATIONAL SERVICE ============================================== | DIRECTLY TRANSFERABLE | ++ OCCUPATIONS | || -------------------------- Post- | 12 || | Occupations which involve Injury | ++ | similar work experience | | to the past and which require | +-+ little or no learning of | | | essential job duties. Pre- | 21 | | | Injury | +-+ | 42.9 % Occupational Loss* | _| | | CLOSELY TRANSFERABLE | + OCCUPATIONS | | -------------------------- Post- | 0 | Occupations which involve Injury | +

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similar work experience | to the past and which may | + require some learning of | | essential job duties. Pre- | 0 | Injury | + .0 % Occupational Loss* | | | GENERALLY TRANSFERABLE | +-----+ OCCUPATIONS | | | -------------------------- Post- | 44 | | | Occupations which involve Injury | +-----+ | generally related work | _____| to the past and which likely | +--------------------------+ require some learning of | | | essential job duties. Pre- | 177 | | | Injury | +--------------------------+ | 75.2 % Occupational Loss* | __________________________| | ------------------------------------------------------------------------------ UNSKILLED OCCUPATIONS | + WITHIN BASIC CAPACITIES | | -------------------------- Post- | 12 | | Unskilled occupations which Injury | + | are within all basic work | | capacities (worker traits). | +------------------------------+ All job duties can be | | | learned within 30 days. Pre- | 2675 | | | Injury | +------------------------------+ | 99.6 % Occupational Loss* | ______________________________| * OCCUPATIONAL LOSS is the percentage of occupations which the worker is no longer able to perform due to injury. CAUTION should be exercised in generalizing from this figure, since this calculation assumes that occupational titles occur with equal frequency. ============================================================================== * PRE-INJURY / POST-INJURY OCCUPATIONAL SERVICE * ============================================================================== DIRECTLY TRANSFERABLE OCCUPATIONS are those which share at least one of the 3-digit WORK fields as known from the past work history AND which have at least one of the same 3-digit MPSMS codes from any of the jobs performed in the past. Directly transferable occupations have primary job duties which are very similar to past work. Little or no

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learning of job duties would be anticipated in a new occupation. CLOSELY TRANSFERABLE OCCUPATIONS are those which are in combination WORK fields (which involve multiple work technologies) AND which have at least one of the same 3-digit MPSMS codes from past work history. A combination work field suggests very similarly related occupations which involve a variety of technologies (only some of which may be familiar to the worker). Closely transferable occupations do not include directly transferable titles. Some learning of a few job duties may be anticipated. GENERALLY TRANSFERABLE OCCUPATIONS are those which share at least one of the 2-digit WORK fields from the past work history AND which involve at least one of the 2-digit MPSMS codes from the past. Two digit coding clusters occupations into generally related groups which may not share the same specific skills as developed in the past. Generally transferable occupations do not include directly or closely transferable titles. Some learning of essential job duties is quite likely to be necessary. UNSKILLED OCCUPATIONS can be learned within 30 days and require no previous occupational experience. As such, they are not included in the analysis of transferable skills. There are a total of 3125 unskilled occupations. ============================================================================== PRE-INJURY / POST-INJURY PRE-INJURY POST-INJURY OCCUPATIONAL SERVICE OCCUPATIONAL OCCUPATIONAL ACCESS (PRE) ACCESS (POST) LOSS * ------------------------------------------------------------------------------ DIRECTLY TRANSFERABLE OCCUPATIONS 21 12 42.9% CLOSELY TRANSFERABLE OCCUPATIONS 0 0 .0% GENERALLY TRANSFERABLE OCCUPATIONS 177 44 75.2% ------------------------------------------------------------------------------ TOTAL 198 56 71.8% ------------------------------------------------------------------------------ UNSKILLED OCCUPATIONS 2675 12 99.6% * OCCUPATIONAL LOSS is the percentage of occupations which the worker is no longer able to perform due to injury. CAUTION should be exercised in generalizing from this figure, since this calculation assumes that occupational titles occur with equal frequency.

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============================================================================== * * * POST-INJURY OCCUPATIONAL ACCESS * * ------------------------------- * * The occupations listed below are able to be performed by the worker * * both before the injury AND after the injury. These occupations are not * * listed again under the Pre-Injury Occupational Access section. * * * ============================================================================== ============================================================================== DOT CODE TITLE CENSUS STREN SVP GED APTITUDES ============================================================================== DIRECTLY TRANSFERABLE OCCUPATIONS --------------------------------- HIGHLY SKILLED (HS) ------------------- 169.167-082 MANAGER, COMPUTER OPERATIONS 011 S 8 544 22333344455 183.117-010 MANAGER, BRANCH 014 S 8 544 22244344455 189.117-018 MANAGER, CUSTOMER TECHNICAL SERVIC 005 S 8 544 22344344455 189.117-034 VICE PRESIDENT 001 S 8 545 22244344455 166.167-034 MANAGER, LABOR RELATIONS 013 L 8 545 22344344455 189.117-010 ASSOCIATION EXECUTIVE 043 L 8 545 22244344455 189.117-022 MANAGER, INDUSTRIAL ORGANIZATION 002 L 8 545 22233344455 SKILLED (SK) ------------ 187.117-038 MANAGER, HOTEL OR MOTEL 034 S 7 544 22244244455 189.167-022 MANAGER, DEPARTMENT 001 S 7 544 22333344455 169.167-074 PREVENTIVE MAINTENANCE COORDINATOR 700 L 7 433 22233355455 189.167-018 MANAGEMENT TRAINEE 043 L 6 534 22344344455 293.157-010 FUND RAISER I 006 L 6 534 22355354455 GENERALLY TRANSFERABLE OCCUPATIONS ---------------------------------- HIGHLY SKILLED (HS) ------------------- 162.117-014 CONTRACT ADMINISTRATOR 015 S 8 535 22344344455 163.167-014 MANAGER, CIRCULATION 471 S 8 534 22233344455 164.117-018 MEDIA DIRECTOR 004 S 8 545 22233244455 169.167-086 MANAGER, CREDIT AND COLLECTION 012 S 8 444 22355244555 186.117-034 MANAGER, BROKERAGE OFFICE 001 S 8 545 22255244555 186.117-082 FOREIGN-EXCHANGE DEALER 012 S 8 544 22254344455 239.137-010 COMMERCIAL-INSTRUCTOR SUPERVISOR 062 S 8 434 22343344455 250.257-014 FINANCIAL PLANNER 482 S 8 534 22355255555

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184.117-010 DIRECTOR, PUBLIC SERVICE 271 L 8 545 22344344455 186.117-062 RENTAL MANAGER, PUBLIC EVENTS FACI 041 L 8 544 22344344455 188.167-070 RELOCATION COMMISSIONER 001 L 8 545 22234444455 SKILLED (SK) ------------ 159.167-022 EXECUTIVE PRODUCER, PROMOS 004 S 7 535 22443344454 185.157-018 WHOLESALER II 471 S 7 545 22344344454 186.167-042 MANAGER, MARKET 041 S 7 433 22334344455 187.167-170 MANAGER, WORLD TRADE AND MARITIME 005 S 7 545 22344444455 188.167-038 DIRECTOR, SECURITIES AND REAL ESTA 090 S 7 545 22244444455 189.167-014 DIRECTOR, SERVICE 010 S 7 544 22343344455 250.257-018 REGISTERED REPRESENTATIVE 482 S 7 434 22255353555 162.157-038 PURCHASING AGENT 053 L 7 434 22343344454 165.167-010 SALES-SERVICE PROMOTER 282 L 7 535 22233344444 166.267-046 HUMAN RESOURCE ADVISOR 062 L 7 535 22455355555 251.257-014 SALES AGENT, PSYCHOLOGICAL TESTS A 484 L 7 545 22344244454 260.357-010 COMMISSION AGENT, AGRICULTURAL PRO 485 S 6 434 22244344455 162.157-026 COMMISSION AGENT, LIVESTOCK 485 L 6 434 22344444454 163.267-010 FIELD REPRESENTATIVE 005 L 6 543 22334344455 274.357-030 SALES REPRESENTATIVE, DAIRY SUPPLI 485 L 6 434 23333344454 275.357-026 SALES REPRESENTATIVE, HOTEL & REST 485 L 6 434 32334344454 169.267-018 FINANCIAL-AID COUNSELOR 091 S 5 444 32343244455 222.137-050 VAULT CASHIER 500 L 5 433 33343334454 250.357-026 SALES AGENT, FINANCIAL-REPORT SERV 482 L 5 434 22344344455 251.357-022 SALES REPRESENTATIVE, FRANCHISE 484 L 5 434 33344344455 254.357-018 SALES REPRESENTATIVE, PRINTING 484 L 5 434 33343344454 270.357-010 SALES REPRESENTATIVE, HOME FURNISH 485 L 5 434 33333344454 273.357-014 SALES REPRESENTATIVE, AUTOMOTIVE-L 484 L 5 434 33344344455 274.357-014 SALES REPRESENTATIVE, BOTTLES & BO 485 L 5 434 32333344455 274.357-046 SALES REPRESENTATIVE, LUBRICATING 485 L 5 434 32333343355 275.357-010 SALES REPRESENTATIVE, BARBER AND B 485 L 5 434 33333344454 275.357-042 SALES REPRESENTATIVE, SCHOOL EQUIP 485 L 5 434 32333344454 277.357-010 SALES REPRESENTATIVE, HOBBIES AND 485 L 5 434 33333333354 279.357-026 SALES REPRESENTATIVE, PAPER AND PA 485 L 5 434 33333345454 279.357-042 SALESPERSON, BURIAL NEEDS 484 L 5 434 32344344454 SEMI-SKILLED (SS) ----------------- 259.357-030 SALES REPRESENTATIVE, WEATHER-FORE 484 L 4 434 33343344455 275.357-038 SALES REPRESENTATIVE, PRESSURE-SEN 485 L 4 434 33344344455 293.357-022 MEMBERSHIP SOLICITOR 484 L 4 434 33455354555

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================================================================== * DETAILED ADJUSTMENTS OF WORKER CHARACTERISTICS DUE TO * * - Preference or Ability to Perform * * - Unused Potential and/or Test Results * ================================================================== STRENGTH: --------- Light - Exert force to 20 lbs. occasionally or 10 lbs. frequently, or negligible force constantly. May involve significant stand/walk/ push/pull. PHYSICAL DEMANDS: ----------------- Maximum Physical Capacities (Able to perform constantly except as noted): Not able to do CL - Climbing Not able to do BA - Balancing Occasional ST - Stooping Not able to do KN - Kneeling Not able to do CR - Crouching Not able to do CW - Crawling Occasional RE - Reaching Occasional HA - Handling Occasional FI - Fingering Occasional FE - Feeling ENVIRONMENTAL CONDITIONS (To which the worker is exposed) --------------------------------------------------------- Maximum Permissible Exposure (Constant exposure assumed except as noted): No exposure to WE - Exposure to Weather No exposure to CO - Extreme Cold No exposure to HO - Extreme Heat No exposure to WT - Wet and/or Humid Moderate NO - Noise Intensity Level No exposure to VI - Vibration No exposure to AT - Atmospheric Conditions No exposure to MV - Moving Mechanical Parts Hazard No exposure to EL - Electrical Shock Hazard No exposure to HI - High, Exposed Place Hazard No exposure to RA - Exposure to Radiation No exposure to EX - Explosion Hazard No exposure to TX - Toxic/Caustic Chemical Hazard No exposure to OT - Other Environmental Conditions

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GENERAL EDUCATIONAL DEVELOPMENT : No change APTITUDES PERCENTILE TYPICAL PERFORMANCE LEVEL -------------------------- ------------ ------------------------------ G - Intelligence No Change V - Verbal No Change N - Numerical No Change S - Spatial perception No Change P - Form perception No Change Q - Clerical perception No Change K - Motor coordination No Change F - Finger dexterity No Change M - Manual dexterity No Change E - Eye/hand/foot coord No Change C - Color discrimination No Change SPECIFIC VOCATIONAL PREPARATION: (Maximum) - No Change -------------------------------- (Minimum) - Short demonstration only (SVP=1) (Education, Training, and/or Experience) JOB TEMPERAMENTS : No incompatibilities *** NOTE: *** Occupations requiring supervisory and/or management responsibility have been excluded from this analysis. PRE-INJURY / POST INJURY OCCUPATIONAL SERVICE ============================================== | DIRECTLY TRANSFERABLE | + OCCUPATIONS | | -------------------------- Post- | 5 | | Occupations which involve Injury | + | similar work experience | | to the past and which require | ++ little or no learning of | || essential job duties. Pre- | 7 || | Injury | ++ | 28.6 % Occupational Loss* | | | | CLOSELY TRANSFERABLE | +

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OCCUPATIONS | | -------------------------- Post- | 0 | Occupations which involve Injury | + similar work experience | to the past and which may | + require some learning of | | essential job duties. Pre- | 0 | Injury | + .0 % Occupational Loss* | | | GENERALLY TRANSFERABLE | +-----+ OCCUPATIONS | | | -------------------------- Post- | 32 | | | Occupations which involve Injury | +-----+ | generally related work | _____| to the past and which likely | +--------------------------+ require some learning of | | | essential job duties. Pre- | 125 | | | Injury | +--------------------------+ | 74.4 % Occupational Loss* | __________________________| | ------------------------------------------------------------------------------ UNSKILLED OCCUPATIONS | + WITHIN BASIC CAPACITIES | | -------------------------- Post- | 12 | | Unskilled occupations which Injury | + | are within all basic work | | capacities (worker traits). | +------------------------------+ All job duties can be | | | learned within 30 days. Pre- | 2675 | | | Injury | +------------------------------+ | 99.6 % Occupational Loss* | ______________________________| * OCCUPATIONAL LOSS is the percentage of occupations which the worker is no longer able to perform due to injury. CAUTION should be exercised in generalizing from this figure, since this calculation assumes that occupational titles occur with equal frequency. ============================================================================== * PRE-INJURY / POST-INJURY OCCUPATIONAL SERVICE * ============================================================================== DIRECTLY TRANSFERABLE OCCUPATIONS are those which share at least one of the 3-digit WORK fields as known from the past work history

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AND which have at least one of the same 3-digit MPSMS codes from any of the jobs performed in the past. Directly transferable occupations have primary job duties which are very similar to past work. Little or no learning of job duties would be anticipated in a new occupation. CLOSELY TRANSFERABLE OCCUPATIONS are those which are in combination WORK fields (which involve multiple work technologies) AND which have at least one of the same 3-digit MPSMS codes from past work history. A combination work field suggests very similarly related occupations which involve a variety of technologies (only some of which may be familiar to the worker). Closely transferable occupations do not include directly transferable titles. Some learning of a few job duties may be anticipated. GENERALLY TRANSFERABLE OCCUPATIONS are those which share at least one of the 2-digit WORK fields from the past work history AND which involve at least one of the 2-digit MPSMS codes from the past. Two digit coding clusters occupations into generally related groups which may not share the same specific skills as developed in the past. Generally transferable occupations do not include directly or closely transferable titles. Some learning of essential job duties is quite likely to be necessary. UNSKILLED OCCUPATIONS can be learned within 30 days and require no previous occupational experience. As such, they are not included in the analysis of transferable skills. There are a total of 3125 unskilled occupations. ============================================================================== PRE-INJURY / POST-INJURY PRE-INJURY POST-INJURY OCCUPATIONAL SERVICE OCCUPATIONAL OCCUPATIONAL ACCESS (PRE) ACCESS (POST) LOSS * ------------------------------------------------------------------------------ DIRECTLY TRANSFERABLE OCCUPATIONS 7 5 28.6% CLOSELY TRANSFERABLE OCCUPATIONS 0 0 .0% GENERALLY TRANSFERABLE OCCUPATIONS 125 32 74.4% ------------------------------------------------------------------------------ TOTAL 132 37 72.0% ------------------------------------------------------------------------------ UNSKILLED OCCUPATIONS 2675 12 99.6% * OCCUPATIONAL LOSS is the percentage of occupations which the worker is no longer able to perform due to injury. CAUTION should be exercised in generalizing from this figure, since this calculation assumes that

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occupational titles occur with equal frequency. ============================================================================== * * * POST-INJURY OCCUPATIONAL ACCESS * * ------------------------------- * * The occupations listed below are able to be performed by the worker * * both before the injury AND after the injury. These occupations are not * * listed again under the Pre-Injury Occupational Access section. * * * ============================================================================== ============================================================================== DOT CODE TITLE CENSUS STREN SVP GED APTITUDES ============================================================================== DIRECTLY TRANSFERABLE OCCUPATIONS --------------------------------- HIGHLY SKILLED (HS) ------------------- 189.117-034 VICE PRESIDENT 001 S 8 545 22244344455 189.117-010 ASSOCIATION EXECUTIVE 043 L 8 545 22244344455 SKILLED (SK) ------------ 169.167-074 PREVENTIVE MAINTENANCE COORDINATOR 700 L 7 433 22233355455 189.167-018 MANAGEMENT TRAINEE 043 L 6 534 22344344455 293.157-010 FUND RAISER I 006 L 6 534 22355354455 GENERALLY TRANSFERABLE OCCUPATIONS ---------------------------------- HIGHLY SKILLED (HS) ------------------- 162.117-014 CONTRACT ADMINISTRATOR 015 S 8 535 22344344455 186.117-082 FOREIGN-EXCHANGE DEALER 012 S 8 544 22254344455 250.257-014 FINANCIAL PLANNER 482 S 8 534 22355255555 188.167-070 RELOCATION COMMISSIONER 001 L 8 545 22234444455 SKILLED (SK) ------------ 159.167-022 EXECUTIVE PRODUCER, PROMOS 004 S 7 535 22443344454 185.157-018 WHOLESALER II 471 S 7 545 22344344454 250.257-018 REGISTERED REPRESENTATIVE 482 S 7 434 22255353555 162.157-038 PURCHASING AGENT 053 L 7 434 22343344454 165.167-010 SALES-SERVICE PROMOTER 282 L 7 535 22233344444

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166.267-046 HUMAN RESOURCE ADVISOR 062 L 7 535 22455355555 251.257-014 SALES AGENT, PSYCHOLOGICAL TESTS A 484 L 7 545 22344244454 260.357-010 COMMISSION AGENT, AGRICULTURAL PRO 485 S 6 434 22244344455 162.157-026 COMMISSION AGENT, LIVESTOCK 485 L 6 434 22344444454 163.267-010 FIELD REPRESENTATIVE 005 L 6 543 22334344455 274.357-030 SALES REPRESENTATIVE, DAIRY SUPPLI 485 L 6 434 23333344454 275.357-026 SALES REPRESENTATIVE, HOTEL & REST 485 L 6 434 32334344454 169.267-018 FINANCIAL-AID COUNSELOR 091 S 5 444 32343244455 250.357-026 SALES AGENT, FINANCIAL-REPORT SERV 482 L 5 434 22344344455 251.357-022 SALES REPRESENTATIVE, FRANCHISE 484 L 5 434 33344344455 254.357-018 SALES REPRESENTATIVE, PRINTING 484 L 5 434 33343344454 270.357-010 SALES REPRESENTATIVE, HOME FURNISH 485 L 5 434 33333344454 273.357-014 SALES REPRESENTATIVE, AUTOMOTIVE-L 484 L 5 434 33344344455 274.357-014 SALES REPRESENTATIVE, BOTTLES & BO 485 L 5 434 32333344455 274.357-046 SALES REPRESENTATIVE, LUBRICATING 485 L 5 434 32333343355 275.357-010 SALES REPRESENTATIVE, BARBER AND B 485 L 5 434 33333344454 275.357-042 SALES REPRESENTATIVE, SCHOOL EQUIP 485 L 5 434 32333344454 277.357-010 SALES REPRESENTATIVE, HOBBIES AND 485 L 5 434 33333333354 279.357-026 SALES REPRESENTATIVE, PAPER AND PA 485 L 5 434 33333345454 279.357-042 SALESPERSON, BURIAL NEEDS 484 L 5 434 32344344454 SEMI-SKILLED (SS) ----------------- 259.357-030 SALES REPRESENTATIVE, WEATHER-FORE 484 L 4 434 33343344455 275.357-038 SALES REPRESENTATIVE, PRESSURE-SEN 485 L 4 434 33344344455 293.357-022 MEMBERSHIP SOLICITOR 484 L 4 434 33455354555 ============================================================================== * * * POST-INJURY UNSKILLED OCCUPATIONAL ACCESS * * ----------------------------------------- * * The unskilled occupations listed below are able to be performed by the * * worker both before the injury AND after the injury. These occupations * * are not based on an analysis of transferable skills, but are within the * * basic capacities of the worker. * ============================================================================== ============================================================================== DOT CODE TITLE CENSUS STREN SVP GED APTITUDES ============================================================================== 205.367-030 ELECTION CLERK 586 S 2 322 33454344455 237.367-014 CALL-OUT OPERATOR 523 S 2 323 33445333455 379.367-010 SURVEILLANCE-SYSTEM MONITOR 395 S 2 313 33444444455

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249.366-010 COUNTER CLERK 474 L 2 222 44444344455 349.667-014 HOST/HOSTESS, HEAD 465 L 2 323 33444544444 352.667-014 PARLOR CHAPERONE 465 L 2 312 33444444455 353.367-022 PAGE 454 L 2 323 33444444455 359.367-010 ESCORT 465 L 2 323 33444444444 359.667-010 CHAPERON 465 L 2 322 33444444455 372.667-042 SCHOOL BUS MONITOR 395 L 2 212 43444444455 429.587-010 COTTON CLASSER AIDE 604 L 2 212 44444344455 590.685-042 IRONER 896 L 2 211 44443444455 ============================================================================ BUREAU OF LABOR STATISTICS - 2010 WAGE ESTIMATES ** ** U. S. NATIONAL ** ============================================================================ Average wage calculations below use the median wage estimate for the CENSUS occupational group to which each DOT code belongs, as identified through the preceding Pre-Injury / Post-Injury Analysis. Use care in generalizing from these figures since these calculations assume that the occupational titles occur with equal frequency. * Wage figures marked with an * indicate BLS "unpublished" values for CENSUS groups with fewer than 50,000 workers nationally. ** These statistics are for the CENSUS group, NOT an individual DOT title. Weekly and annual wages assume a 40 hour work week. +------------------------------+ | ESTIMATED MEDIAN| NO. DOTS | CENSUS +--------+--------+-----+------+ Group: | Hourly | Weekly | PRE | POST | ------ +--------+--------+-----+------+ DIRECTLY TRANSFERABLE OCCUPATIONS --------------------------------- 001 CHIEF EXECUTIVES $48.72 $1949 1 1 043 MANAGERS, ALL OTHER $31.05 $1242 2 2 006 PUBLIC RELATIONS MANAGERS $29.08 $1163 1 1 700 FIRST-LINE SUP/MGRS MECHANICS/INSTAL $24.10 $ 964 1 1 913 DRIVER/SALES WORKERS AND TRUCK DRIVE $17.15 $ 686 1 0 * 490 MODELS, DEMONSTRATORS, AND PRODUCT P $13.68 $ 547 1 0 GENERALLY TRANSFERABLE OCCUPATIONS

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---------------------------------- 001 CHIEF EXECUTIVES $48.72 $1949 1 1 005 MARKETING AND SALES MANAGERS $33.38 $1335 2 1 015 PURCHASING MANAGERS $31.80 $1272 1 1 043 MANAGERS, ALL OTHER $31.05 $1242 2 0 012 FINANCIAL MANAGERS $30.67 $1227 2 1 482 SECURITIES/COMMODITIES/FINANCIAL SRV $29.62 $1185 7 3 282 PUBLIC RELATIONS SPECIALISTS $28.15 $1126 1 1 004 ADVERTISING AND PROMOTIONS MANAGERS $25.52 $1021 1 1 053 PURCHASING AGENTS, EXC. WHLSE/RETAIL $24.75 $ 990 1 1 073 OTHER BUSINESS OPERATIONS SPECIALIST $24.33 $ 973 1 0 471 FIRST-LINE SUP/MNGRS OF NON-RETAIL S $24.00 $ 960 3 1 485 SALES REPRESENTATIVES, WHOLESALE AND $23.95 $ 958 25 12 255 OTHER EDUCATION, TRAINING, AND LIBRA $23.90 $ 956 1 0 091 LOAN COUNSELORS AND OFFICERS $23.70 $ 948 1 1 062 HUMAN RESRCS/TRAINING/LABOR RELATION $23.52 $ 941 2 1 016 TRANSPORTATION, STORAGE, AND DISTRIB $22.98 $ 919 1 0 484 SALES REPRESENTATIVES, SERVICES, ALL $22.48 $ 899 10 7 041 PROPERTY/REAL ESTATE/COMMUNITY ASSOC $21.73 $ 869 1 0 480 ADVERTISING SALES AGENTS $21.52 $ 861 2 0 496 SALES AND RELATED WORKERS, ALL OTHER $20.92 $ 837 8 0 492 REAL ESTATE BROKERS AND SALES AGENTS $20.50 $ 820 3 0 052 WHOLESALE AND RETAIL BUYERS, EXCEPT $19.95 $ 798 2 0 391 PRIVATE DETECTIVES AND INVESTIGATORS $19.77 $ 791 1 0 373 SUPERVISORS, PROTECTIVE SERVICE WORK $19.55 $ 782 1 0 481 INSURANCE SALES AGENTS $18.52 $ 741 2 0 913 DRIVER/SALES WORKERS AND TRUCK DRIVE $17.15 $ 686 2 0 552 DISPATCHERS $16.60 $ 664 1 0 570 SECRETARIES AND ADMINISTRATIVE ASSIS $16.48 $ 659 2 0 475 PARTS SALESPERSONS $15.57 $ 623 1 0 535 ORDER CLERKS $15.30 $ 612 1 0 * 490 MODELS, DEMONSTRATORS, AND PRODUCT P $13.68 $ 547 4 0 476 RETAIL SALESPERSONS $13.18 $ 527 19 0 474 COUNTER AND RENTAL CLERKS $13.10 $ 524 6 0 392 SECURITY GUARDS AND GAMING SURVEILLA $12.68 $ 507 2 0 494 TELEMARKETERS $12.02 $ 481 1 0 * 495 DOOR-TO-DOOR SALES/NEWS/STREET VENDO $10.48 $ 419 2 0 936 SERVICE STATION ATTENDANTS $ 9.82 $ 393 1 0 443 MISC. ENTERTAINMENT ATTENDANTS AND R $ 9.23 $ 369 1 0 UNSKILLED OCCUPATIONS ---------------------

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* 815 HEAT TREAT EQUIP. SET/OPER/TENDERS, $47.35 $1894 3 0 * 923 RAILROAD BRAKE, SIGNAL, AND SWITCH O $27.85 $1114 1 0 * 694 OTHER EXTRACTION WORKERS $23.90 $ 956 1 0 * 965 PUMPING STATION OPERATORS $23.80 $ 952 3 0 555 POSTAL SERVICE MAIL CARRIERS $23.40 $ 936 1 0 484 SALES REPRESENTATIVES, SERVICES, ALL $22.48 $ 899 1 0 * 683 EXPLOSIVE WRKRS/ORDNANCE HANDLING EX $22.25 $ 890 2 0 733 INDUSTRIAL AND REFRACTORY MACHINERY $21.45 $ 858 1 0 * 735 MAINTENANCE WORKERS, MACHINERY $21.33 $ 853 8 0 * 950 CONVEYOR OPERATORS AND TENDERS $21.25 $ 850 11 0 * 884 SEMICONDUCTOR PROCESSORS $21.02 $ 841 9 0 496 SALES AND RELATED WORKERS, ALL OTHER $20.92 $ 837 1 0 * 942 OTHER TRANSPORTATION WORKERS $20.77 $ 831 1 0 * 275 MUSICIANS, SINGERS, AND RELATED WORK $20.52 $ 821 1 0 272 ATHLETES, COACHES, UMPIRES, AND RELA $20.30 $ 812 2 0 560 PRODUCTION, PLANNING, AND EXPEDITING $18.85 $ 754 4 0 975 MATERIAL MOVING WORKERS, ALL OTHER $18.55 $ 742 4 0 455 TRANSPORTATION ATTENDANTS $18.23 $ 729 4 0 874 INSPECTORS/TESTERS/SORTERS/SAMPLERS/ $17.90 $ 716 166 0 551 COURIERS AND MESSENGERS $17.88 $ 715 7 0 * 890 COOLING AND FREEZING EQUIPMENT OPERA $17.83 $ 713 6 0 * 892 MOLDERS/SHAPERS/CASTERS, EXCEPT META $17.77 $ 711 8 0 * 792 EXTRUD/DRAW MACH.SET/OPER/TENDERS, M $17.75 $ 710 1 0 * 190 AGRICULTURAL AND FOOD SCIENCE TECHNI $17.73 $ 709 1 0 * 601 AGRICULTURAL INSPECTORS $17.70 $ 708 1 0 864 CHEMICAL PROCESSING MACH.SETTERS/OPE $17.40 $ 696 59 0 913 DRIVER/SALES WORKERS AND TRUCK DRIVE $17.15 $ 686 5 0 720 AUTOMOTIVE SERVICE TECHNICIANS AND M $16.88 $ 675 1 0 * 801 LATHE/TURN MACH.TOOL SET/OPER/TEND, $16.75 $ 670 4 0 762 OTHER INSTALLATION, MAINTENANCE, REP $16.60 $ 664 3 0 593 OFFICE/ADMINISTRATIVE SUPPORT WORKER $16.48 $ 659 2 0 * 454 TOUR AND TRAVEL GUIDES $16.45 $ 658 2 1 * 804 METAL FURNACE AND KILN OPERATORS AND $16.27 $ 651 1 0 814 WELDING, SOLDERING, AND BRAZING WORK $16.20 $ 648 9 0 881 PAINTING WORKERS $16.17 $ 647 68 0 * 270 ACTORS $16.10 $ 644 4 0 * 446 FUNERAL SERVICE WORKERS $16.08 $ 643 1 0 * 873 FURNACE/KILN/OVEN/DRIER/KETTLE OPERA $15.95 $ 638 42 0 * 590 OFFICE MACHINE OPERATORS, EXCEPT COM $15.90 $ 636 3 0 582 WORD PROCESSORS AND TYPISTS $15.85 $ 634 1 0 512 BOOKKEEPING, ACCOUNTING, AND AUDITIN $15.75 $ 630 1 0 826 PRINTING MACHINE OPERATORS $15.62 $ 625 12 0 * 872 EXTRUD/FORM/PRESS/COMPACT MACH.SET/O $15.62 $ 625 51 0 623 CARPENTERS $15.57 $ 623 3 0

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865 CRUSHING/GRINDING/POLISHING/MIXING/B $15.50 $ 620 89 0 * 613 LOGGING WORKERS $15.48 $ 619 2 0 535 ORDER CLERKS $15.30 $ 612 1 0 * 523 CREDIT AUTHORIZERS, CHECKERS, AND CL $15.18 $ 607 1 1 563 WEIGHERS/MEASURERS/CHECKERS/SAMPLERS $15.18 $ 607 12 0 511 BILLING AND POSTING CLERKS AND MACHI $15.15 $ 606 1 0 542 INFORMATION AND RECORD CLERKS, ALL O $15.02 $ 601 1 0 586 OFFICE CLERKS, GENERAL $15.00 $ 600 11 1 822 METALWORKERS AND PLASTIC WORKERS, AL $14.98 $ 599 40 0 * 825 PREPRESS TECHNICIANS AND WORKERS $14.93 $ 597 1 0 * 612 FOREST AND CONSERVATION WORKERS $14.88 $ 595 4 0 * 810 MOLDERS/MOLD MACH.SET/OPER/TENDERS,M $14.77 $ 591 9 0 531 INTERVIEWERS, EXCEPT ELIGIBILITY AND $14.75 $ 590 4 0 * 532 LIBRARY ASSISTANTS, CLERICAL $14.73 $ 589 1 0 * 394 CROSSING GUARDS $14.60 $ 584 2 0 * 820 PLATING/COATING MACH.SET/OPER/TENDER $14.52 $ 581 14 0 795 CUT/PUNCH/PRESS MACH.SET/OPER/TEND,M $14.35 $ 574 15 0 * 823 BOOKBINDERS AND BINDERY WORKERS $14.32 $ 573 2 0 626 CONSTRUCTION LABORERS $14.20 $ 568 1 0 * 761 HELPERS--INSTALLATION/MAINTENANCE/RE $13.98 $ 559 2 0 960 INDUSTRIAL TRUCK AND TRACTOR OPERATO $13.98 $ 559 1 0 * 794 ROLLING MACH. SET/OPER/TENDERS, META $13.73 $ 549 2 0 * 490 MODELS, DEMONSTRATORS, AND PRODUCT P $13.68 $ 547 3 0 896 PRODUCTION WORKERS, ALL OTHER $13.57 $ 543 641 1 561 SHIPPING, RECEIVING, AND TRAFFIC CLE $13.55 $ 542 2 0 453 BAGGAGE PORTERS, BELLHOPS, AND CONCI $13.45 $ 538 2 0 914 TAXI DRIVERS AND CHAUFFEURS $13.43 $ 537 1 0 624 CARPET, FLOOR, AND TILE INSTALLERS A $13.40 $ 536 1 0 * 384 PARKING ENFORCEMENT WORKERS $13.30 $ 532 1 0 * 800 GRIND/LAP/POLISH/BUFFING MACH.TOOL S $13.30 $ 532 16 0 * 886 CLEAN/WASH/METAL PICKLING EQUIP. OPE $13.27 $ 531 24 0 540 RECEPTIONISTS AND INFORMATION CLERKS $13.25 $ 530 2 0 476 RETAIL SALESPERSONS $13.18 $ 527 1 0 474 COUNTER AND RENTAL CLERKS $13.10 $ 524 10 1 871 CUTTING WORKERS $13.10 $ 524 122 0 * 915 MOTOR VEHICLE OPERATORS, ALL OTHER $13.05 $ 522 1 0 775 MISCELLANEOUS ASSEMBLERS AND FABRICA $12.98 $ 519 3 0 * 611 HUNTERS AND TRAPPERS $12.93 $ 517 1 0 * 853 SAWING MACHINE SETTERS/OPERATORS/TEN $12.80 $ 512 9 0 * 833 SHOE AND LEATHER WORKERS AND REPAIRE $12.73 $ 509 1 0 392 SECURITY GUARDS AND GAMING SURVEILLA $12.68 $ 507 1 0 585 MAIL CLERKS/MAIL MACH.OPERATORS, EXC $12.68 $ 507 6 0 772 ELECTRICAL/ELECTRONICS/ELECTROMECHAN $12.68 $ 507 13 0 * 854 WOODWORKING MACH. SET/OPER/TENDERS, $12.68 $ 507 39 0

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* 802 MILL/PLANING MACH.SET/OPER/TENDERS,M $12.57 $ 503 8 0 365 MEDICAL ASSISTANTS/OTHER HEALTHCARE $12.55 $ 502 1 0 * 465 PERSONAL CARE AND SERVICE WORKERS, A $12.50 $ 500 7 4 * 836 TEXTILE BLEACHING/DYEING MACH. OPERA $12.48 $ 499 9 0 781 BUTCHERS/OTHER MEAT/POULTRY/FISH PRO $12.45 $ 498 17 0 962 LABORERS AND FREIGHT/STOCK/MATERIAL $12.43 $ 497 14 0 * 783 FOOD/TOBACCO ROAST/BAKING/DRYING MAC $12.38 $ 495 5 0 * 660 HELPERS, CONSTRUCTION TRADES $12.35 $ 494 3 0 * 842 TEXTILE WIND/TWIST/DRAW OUT MACH.SET $12.15 $ 486 23 0 404 BARTENDERS $12.10 $ 484 2 0 562 STOCK CLERKS AND ORDER FILLERS $12.05 $ 482 7 0 * 610 FISHERS AND RELATED FISHING WORKERS $11.80 $ 472 6 0 880 PACKAGING AND FILLING MACHINE OPERAT $11.80 $ 472 44 0 * 835 TAILORS, DRESSMAKERS, AND SEWERS $11.77 $ 471 6 0 * 935 PARKING LOT ATTENDANTS $11.60 $ 464 2 0 422 JANITORS AND BUILDING CLEANERS $11.57 $ 463 11 0 435 NONFARM ANIMAL CARETAKERS $11.38 $ 455 2 0 * 643 PAPERHANGERS $11.25 $ 450 1 0 961 CLEANERS OF VEHICLES AND EQUIPMENT $11.20 $ 448 41 0 * 883 PHOTOGRAPHIC PROCESS WRKRS/PROCESSIN $11.00 $ 440 5 0 * 785 FOOD COOKING MACHINE OPERATORS AND T $10.88 $ 435 7 0 425 GROUNDS MAINTENANCE WORKERS $10.82 $ 433 6 0 * 834 SHOE MACHINE OPERATORS AND TENDERS $10.80 $ 432 1 0 832 SEWING MACHINE OPERATORS $10.73 $ 429 32 0 * 963 MACHINE FEEDERS AND OFFBEARERS $10.57 $ 423 220 0 * 885 CEMENTING AND GLUING MACHINE OPERATO $10.55 $ 422 22 0 * 495 DOOR-TO-DOOR SALES/NEWS/STREET VENDO $10.48 $ 419 6 0 * 840 TEXTILE CUTTING MACHINE SETTERS/OPER $10.35 $ 414 14 0 * 895 HELPERS--PRODUCTION WORKERS $10.32 $ 413 341 0 412 FOOD SERVERS, NONRESTAURANT $10.12 $ 405 2 0 411 WAITERS AND WAITRESSES $10.02 $ 401 1 0 460 CHILD CARE WORKERS $10.00 $ 400 1 0 605 MISCELLANEOUS AGRICULTURAL WORKERS $10.00 $ 400 24 0 964 PACKERS AND PACKAGERS, HAND $10.00 $ 400 46 0 604 GRADERS AND SORTERS, AGRICULTURAL PR $ 9.98 $ 399 5 1 * 395 LIFEGUARDS AND OTHER PROTECTIVE SERV $ 9.93 $ 397 2 2 936 SERVICE STATION ATTENDANTS $ 9.82 $ 393 2 0 * 416 FOOD PREPARATION/SERVING RELATED WOR $ 9.73 $ 389 2 0 423 MAIDS AND HOUSEKEEPING CLEANERS $ 9.68 $ 387 6 0 403 FOOD PREPARATION WORKERS $ 9.52 $ 381 5 0 * 831 PRESSERS, TEXTILE, GARMENT, AND RELA $ 9.48 $ 379 21 0 472 CASHIERS $ 9.40 $ 376 7 0 * 442 USHERS, LOBBY ATTENDANTS, AND TICKET $ 9.32 $ 373 5 0 830 LAUNDRY AND DRY-CLEANING WORKERS $ 9.27 $ 371 8 0

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405 COMBINED FOOD PREP/SERVING WRKRS, IN $ 9.23 $ 369 1 0 443 MISC. ENTERTAINMENT ATTENDANTS AND R $ 9.23 $ 369 25 0 413 DINING ROOM/CAFETERIA ATTENDANTS/BAR $ 9.05 $ 362 4 0 * 796 DRILL/BORING MACH.TOOL SET/OPER/TEND $ 8.68 $ 347 4 0 414 DISHWASHERS $ 8.48 $ 339 3 0 406 COUNTER ATTENDANTS/CAFET/FOOD CONCES $ 7.65 $ 306 2 0 ============================================================================ BUREAU OF LABOR STATISTICS - 2010 WAGE ESTIMATES ** ** U. S. NATIONAL ** ============================================================================ The Bureau of Labor Statistics (BLS) reports the national annual median values of the weekly wage information collected by the Bureau of the Census during its monthly Current Population Survey (CPS). Monthly results of the CPS are collapsed into an annual pool of data, from which the median value is calculated for each CENSUS occupational group. The median value represents all full-time employed workers (except the self-employed). The median wage does not mean the starting wage; rather it is a point which is equidistant from both minimum (entry-level) and maximum reported wages. Starting wage is often 20-30% below the median. Average wage calculations below use the median wage estimate for the CENSUS occupational group to which each DOT code belongs, as identified through the preceding Pre-Injury / Post-Injury Analysis. Use care in generalizing from these figures since these calculations assume that the occupational titles occur with equal frequency. +-----------------------------------------+ | PRE-INJURY | POST-INJURY | -----------------------+--------------------+--------------------+ OCCUPATIONAL GROUP | N occ* Avg. Wage | N occ* Avg. Wage | =======================+====================+====================+ | | | DIRECTLY TRANSFERABLE | 7 $ 1113 | 5 $ 1312 | | | | -----------------------+--------------------+--------------------+ | | | GENERALLY TRANSFERABLE | 125 $ 825 | 32 $ 1035 | | | | ================================================================== | | | TOTAL TRANSFERABLE | 132 $ 841 | 37 $ 1072 |

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| | | ================================================================== | | | UNSKILLED | 2675 $ 531 | 12 $ 510 | | | | ================================================================== * N occ is the number of DOT occupations in each group. ============================================================================ LABOR FORCE STATISTICS AND GROWTH PROJECTIONS ** STATE OF TEXAS ---------------------------------------------------------------------------- FOR THE LIST OF: DIRECTLY, CLOSELY, & GENERALLY TRANSFERABLE POST-INJURY OCCUPATIONS ONLY The Occupational Employment Survey (OES) is based on survey responses by employers. Data is reported by each state's Job Service / Employment Security program. The OES survey clusters DOT occupations into its own unique arrangement of nearly 800 OES groups. The projections are long term and do not anticipate temporary or periodic economic fluctuations. Listed below each OES group are those DOT occupations in that group which are within the limits of the most recent occupational search. Number Employed ** These statistics apply to the ------------------ OES group, NOT an individual title. Actual Projected in 1989 by 2000 ------- --------- GROWTH OCCUPATIONS (10%+ Increase) ================================== OES Title: SALESPERSONS, RETAIL 225450 263550 + This group covers 52 DOT title(s), including: 270.357-010 SALES REPRESENTATIVE, HOME FURNISHI OES Title: GENERAL MANAGERS AND TOP EXECUTIVE 215350 250200 + This group covers 64 DOT title(s), including: 189.117-034 VICE PRESIDENT

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OES Title: OTHER SALES REPRESENTATIVES, EXCEP 118350 131250 + This group covers 48 DOT title(s), including: 162.157-026 COMMISSION AGENT, LIVESTOCK 260.357-010 COMMISSION AGENT, AGRICULTURAL PROD 274.357-014 SALES REPRESENTATIVE, BOTTLES & BOT 275.357-010 SALES REPRESENTATIVE, BARBER AND BE 275.357-026 SALES REPRESENTATIVE, HOTEL & RESTA 275.357-038 SALES REPRESENTATIVE, PRESSURE-SENS 275.357-042 SALES REPRESENTATIVE, SCHOOL EQUIPM 277.357-010 SALES REPRESENTATIVE, HOBBIES AND C 279.357-026 SALES REPRESENTATIVE, PAPER AND PAP OES Title: FIRST LINE SUPERVISORS AND MANAGER 103000 117450 + This group covers 21 DOT title(s), including: 185.157-018 WHOLESALER II OES Title: ALL OTHER MANAGERS AND ADMINISTRAT 90900 112800 + This group covers 61 DOT title(s), including: 189.117-010 ASSOCIATION EXECUTIVE 189.167-018 MANAGEMENT TRAINEE OES Title: SALES REPRESENTATIVES SCIENTIFIC P 42500 47100 + This group covers 36 DOT title(s), including: 274.357-030 SALES REPRESENTATIVE, DAIRY SUPPLIE 274.357-046 SALES REPRESENTATIVE, LUBRICATING E OES Title: MARKETING, ADVERTISING, AND PUBLIC 26050 32850 + This group covers 19 DOT title(s), including: 159.167-022 EXECUTIVE PRODUCER, PROMOS 163.267-010 FIELD REPRESENTATIVE OES Title: ALL OTHER MANAGEMENT SUPPORT WORKE 27650 31850 + This group covers 8 DOT title(s), including: 188.167-070 RELOCATION COMMISSIONER OES Title: SALES AGENTS, SELECTED BUSINESS SE 16650 20600 + This group covers 22 DOT title(s), including: 250.357-026 SALES AGENT, FINANCIAL-REPORT SERVI 251.257-014 SALES AGENT, PSYCHOLOGICAL TESTS AN 251.357-022 SALES REPRESENTATIVE, FRANCHISE 254.357-018 SALES REPRESENTATIVE, PRINTING 259.357-030 SALES REPRESENTATIVE, WEATHER-FOREC OES Title: ADMINISTRATIVE SERVICES MANAGERS 13600 17500 +

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This group covers 9 DOT title(s), including: 162.117-014 CONTRACT ADMINISTRATOR OES Title: PERSONNEL, TRAINING, AND LABOR REL 14050 17400 + This group covers 24 DOT title(s), including: 166.267-046 HUMAN RESOURCE ADVISOR OES Title: PURCHASING AGENTS, EXCEPT WHOLESAL 13950 16700 + This group covers 7 DOT title(s), including: 162.157-038 PURCHASING AGENT OES Title: ALL OTHER FINANCIAL SPECIALISTS 12400 14400 + This group covers 12 DOT title(s), including: 169.267-018 FINANCIAL-AID COUNSELOR 186.117-082 FOREIGN-EXCHANGE DEALER OES Title: SECURITIES AND FINANCIAL SERVICES 8850 12900 + This group covers 5 DOT title(s), including: 250.257-014 FINANCIAL PLANNER 250.257-018 REGISTERED REPRESENTATIVE OES Title: PUBLIC RELATIONS SPECIALISTS AND P 8000 9000 + This group covers 3 DOT title(s), including: 165.167-010 SALES-SERVICE PROMOTER OES Title: MANAGEMENT ANALYSTS 4300 5000 + This group covers 12 DOT title(s), including: 169.167-074 PREVENTIVE MAINTENANCE COORDINATOR OES Title: ALL OTHER SALES REPRESENTATIVES AN 3950 4900 + This group covers 14 DOT title(s), including: 273.357-014 SALES REPRESENTATIVE, AUTOMOTIVE-LE 279.357-042 SALESPERSON, BURIAL NEEDS 293.157-010 FUND RAISER I 293.357-022 MEMBERSHIP SOLICITOR 000-00-4265 RAY FLORES - ACTIVE 09/11/08 6.0 yrs 185.117-014 AREA SUPERVISOR, RETAIL CHAIN STORE (retail trade)

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41

10.0 yrs 189.117-022 MANAGER, INDUSTRIAL ORGANIZATION (any industry) 6.0 yrs 292.353-010 DRIVER, SALES ROUTE (retail trade) Will not relocate Company last worked: Salary: ------------------------------------------------------------------------------ ------------------------------ WORKER TRAITS (Compiled from work history and tests) Physical strength: LIGHT General Educational development--Reasoning: 2 YRS COLLEGE General Educational development--Mathematical: GRADES 9-12 General Educational development--Language: 2 YRS COLLEGE Aptitudes Range --------- --------- Intelligence : ABOVE AVG. Verbal : ABOVE AVG. Numerical : ABOVE AVG. Spatial perception : AVERAGE Form perception : AVERAGE Clerical perception : ABOVE AVG. Motor coordination : AVERAGE Finger dexterity : AVERAGE Manual dexterity : AVERAGE Eye/hand/foot coord. : AVERAGE Color discrimination : AVERAGE Work performed: Areas of experience: TRANSPORTING MERCHANDISING SERVICES MERCHANDISING-SALES GENERAL ADMINISTRATION & ADMINISTRATIVE ADMINISTERING

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______________________________________________________ Research & Planning Consultants, L.P.

505 East Huntland Drive, Suite 270 · Austin, Texas 78752 Phone: 512-371-8000 · Fax: 512-371-8001

www.rpcconsulting.com

Sample Report Life Care Plan

Prepared for Plaintiff

This Sample Report is a redacted version of an actual RPC report. Names of all individuals, including parties to the

lawsuit, physicians and others, have been changed, as have dates and other details.

Gilberto Lopez May 23, 2011

Research & Planning Consultants, L.P. (“RPC”) was retained to provide a life care plan (“LCP”) on behalf of Gilberto Lopez. This report is not intended to cover all damages due to the injury to Mr. Lopez.

2. This expert report was prepared by Kacy L. Turner, M.S., CRC, CVE, CLCP and Ronald T. Luke, J.D., Ph.D. Curriculum vitae for each is included in Attachment 1. Attachment 2 to this report lists the documents that were reviewed and relied upon in the preparation of this report. Attachment 3 contains the life care plan components and total costs. The figures in Attachments 4 and 5 present the calculation of the present value of the future costs of the life care plans for Gilberto Lopez in the two scenarios discussed in detail below. Attachment 4 includes figures for Scenario 1 and Attachment 5 includes figures for Scenario 2. Should any additional documents or other information become available, RPC reserves the right to modify the opinions expressed in this report.

3. Mr. Lopez is a Hispanic male who was born on October 3, 1953, and is currently

fifty-seven years old. He was injured on September 30, 2009, while working for Bartok Company in High Plains, Texas when a twelve hundred pound pallet of boxes fell on his chest and face. Mr. Lopez was assessed at the scene by High Plains Fire/EMS and found to be unconscious, unresponsive, and non-responsive to painful stimuli. When Mr. Lopez became conscious, he complained of pain to both collar bones and extreme pain to his left and right shoulders when touched. He was given Fentanyl for pain by EMS and transported by ambulance to County Airport. He was then transported by Airflight Air Transport to University Medical

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Life Care Plan for Gilberto Lopez

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Center (“UMC”) in Cityville, Texas. He was evaluated, admitted and a neurosurgical consultation was recommended.1 X-rays were taken and Mr. Lopez was treated with medication and discharged home on October 5, 2009.

4. After being discharged home, Mr. Lopez experienced increasing pain and worsening symptoms. As a result, he was seen at Careview Hospital in High Plains, Texas on October 3, 2009. Mr. Lopez presented to the Emergency Room with complaints of numbness in his hands, weakness of his grip and increased neck pain. Dr. Miles C. Stanford, who is board certified in internal medicine,2 evaluated Mr. Lopez at Careview Hospital and recommended that he return to UMC for further treatment. Mr. Lopez was then transferred back to UMC3 where he was admitted for pain control.4 He underwent an MRI of his cervical, thoracic and lumber spine and was found to have a spinal cord contusion at C2 and C3, a traumatic injury to the ligamentum flavum, or ligaments at C1-C2, a partial separation at C1-C2 and cervical spondylosis. He was given a cervical collar and no surgery was recommended.5 Mr. Lopez was discharged home on October 7, 2009.

5. Mr. Lopez was examined by John R. Woodward, MD, who is board certified in physical medicine and rehabilitation,6 on November 19, 2009, for nerve conduction studies.7 Dr. Woodward’s assessment indicated that Mr. Lopez had severe right and left sensory/motor carpal tunnel syndrome.

6. Mr. Lopez was seen for an initial evaluation by Dr. Gregory Owens at the Center for Pain Management in Cityville, Texas on January 6, 2010. Dr. Owens recommended a series of three cervical Epidural Steroid Injections (“ESI”) at C4-C5 and C5-C6 and bilateral cervical facet injections. Mr. Lopez gained some pain relief from the ESI series which was completed in July 2010.8

7. On May 30, 2010, Mr. Lopez had a MRI of his cervical spine at DRO Imaging of Cityville. The images were interpreted by George Evans, MD. Results were compared to his MRI of November 19, 2009. The findings indicated mild scoliotic curvature of his cervical spine. Other findings were multilevel endplate9 degenerative changes, C3-C4 and C4-C5 had 2 mm midline disc protrusions resulting in mild central canal stenosis.10 Mr. Lopez underwent an electro diagnostic evaluation of his arms on June 23, 2010, by John R. Woodward, MD, who is

1 UMC Emergency Room, Admission; Physical Examination, Assessment and Plan, September 30, 2009, pages 1-3 2 Website: http://www.abim.org/services/physver.aspx 3 Careview Hospital, Emergency Department Record, October 3, 2009 4 UMC Emergency Room, Admission; Physical Examination, Assessment and Plan, October 4, 2009, pages 1-3 5 UMC Discharge Summary Report, October 5, 2009 through October 7, 2009 6 Website: http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp?ID_NUM=42 7 Woodward, John, MD, Nerve conduction Study/Electromyography Results Report, November 19, 2009 8 Cityville Plastic Surgery Center, Operative Notes, January 24, 2010, February 27, 2010 and July 16, 2010 9 “Endplates are the parts of the vertebra that come in direct contact with the intervertebral disc to form an article (not found in sacral vertebrae). Each vertebra has two endplates: a superior and an inferior.” Website: http://en.wikipedia.org/wiki/Endplates 10 DRO Imaging of Cityville, Imaging Report, May 30, 2010, pages 1-2

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board certified in physical medicine and rehabilitation. The findings were consistent with mild bilateral carpal tunnel syndrome.11

8. Mr. Lopez was examined by Dr. Owens on August 17, 2010. Dr. Owens stated that

Mr. Lopez had progression of numbness in his upper extremities and that the progression of his neurological deficits and weakness was profound. He also exhibited significant deficits in his ability to know where his body and limbs are in relation to space.

9. On January 2, 2011, Mr. Lopez went to the emergency room with increased pain, decreased strength and numbness of his upper extremities. An MRI of the cervical spine showed that the 2 mm midline disc protrusion had increased to 8 mm. Dr. Owens then recommended that Mr. Lopez be referred to a neurosurgeon.

10. Mr. Lopez was examined by Dr. Owens on February 5, 2011. At that time, Dr. Owens’ progress note indicated that Mr. Lopez’s condition “has deteriorated significantly and he has significant weakness and numbness.” Dr. Owens then advised Mr. Lopez to go to the hospital for an emergency neurosurgical evaluation.12

11. Dr. Edward Tracey, who is board certified in neurological surgery,13 examined Mr. Lopez on April 1, 2011. At that time, Dr. Tracey found that Mr. Lopez had a positive Hoffman’s bilaterally14 and some spasticity in all four limbs. Reflexes in his arms and legs were increased. Dr. Tracey recommended that Mr. Lopez have an anterior cervical discectomy and fusion with hardware placement at C3-C4 to decompress his spinal cord and perhaps decrease any further risk to his spinal cord as he is currently at risk for falling.15

12. Ms. Turner conducted a telephone interview with Dr. Owens on May 5, 2011, to discuss the future needs of Mr. Lopez. Dr. Owens recommended several services for Mr. Lopez which are listed later in this report. Dr. Owens stated that Mr. Lopez has had significant progression of his symptoms. He indicated that he has nerve damage which is irreversible and has resulted in muscle atrophy of his upper extremities. Dr. Owens stated that he has no muscle between his thumb and first finger of each hand and this will not improve in the future.16

11 Woodward, John, MD, Letter to Dr. Owens, MD, June 22, 2010, pages 1-3 12 Owens, Gregory, MD, Center for Pain Management, Progress Note, February 5, 2011 13 Website: http://www.abns.org/diplomates/details.aspx?PersonId=11222 14 Hoffmann's sign is defined as “increased mechanical irritability of the sensory nerves in tetany; the ulnar nerve is usually tested. Website: http://medical-dictionary.thefreedictionary.com/Hoffman's+reflex 15Tracey, Edward, MD, ABD Neurosurgical Associates, L.L.P., Encounter Summary, April 1, 2011, pages 1-2 16 Turner, Kacy L., MS, CRC, CVE, CLCP, Telephone Contact Notes, May 5, 2011

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Personal Interview

13. Ms. Turner conducted an in-person clinical interview on April 20, 2011, with Mr. Lopez at his home in Anytown, Texas. Mr. Lopez’s son, Kevin Lopez, was also present during the interview.

14. Mr. Lopez was born in San Antonio, Texas. His family moved to Anytown, Texas when he was in elementary school. Mr. Lopez currently resides in a mobile home that he owns, and his son Kevin and Kevin’s girlfriend live with him. Kevin quit his job in January 2011, to move in and provide twenty-four hour care and supervision for Mr. Lopez.

15. Mr. Lopez has been divorced for twenty-six years. He and his ex-wife have three children who are all grown and living in the Anytown, Texas area. All of his children are supportive and help Mr. Lopez with activities of daily living. His ex-wife, Ruth Hull, is also supportive and has been assisting Mr. Lopez with managing his finances and paying bills. Mr. Lopez has been unable to organize his bills, write out checks or leave his home to mail or pay bills. His pain is so severe it limits his ability to sit up in a chair and attend to these activities. Mr. Lopez has given Ms. Hull Power of Attorney for his financial affairs.

16. Mr. Lopez reports that he is in pain all day long and at night every day. His pain is located from his chin to about his middle thoracic or stomach area. He has pain up and down both of his arms. Mr. Lopez states that his average pain level is between 8-10 on a scale of 1-10. When the pain becomes unbearable, he will lie down in his bed and if he is very still, he might get minimal relief. Kevin stated that sometimes Mr. Lopez is in so much pain that he is unable to eat. Mr. Lopez not only has pain but also loss of feeling and sensation in his upper extremities. He has a visible continuous tremor in his right hand and intermittent tremors in his left hand as well. Mr. Lopez reports great difficulty with sleeping. He is unable to sleep more than a couple of hours, and then he is awakened by the pain.

17. Mr. Lopez has great difficulty with many activities of daily living. Mr. Lopez needs assistance with dressing. He can put on some clothing as long as he does it in bed, which requires additional time. He is unable to button or zip any clothing due to decreased finger dexterity, strength and the tremors. He is unable to put on his socks and shoes. Mr. Lopez also requires assistance with showering and grooming. Mr. Lopez has lost sensation and strength in his hands and is therefore, unable to turn the shower faucet, or feel the water temperature for showering and has burned his arms and face in the past. As a result, Kevin supervises his showers and checks the water temperature before Mr. Lopez gets into the shower. Mr. Lopez is unable to reach above shoulder level to wash his hair or upper body and is unable to bend over in the shower to wash his lower body. Kevin assists him with showers. Mr. Lopez reports that he is able to do his own toileting, although it takes him a long time. He is also able to brush his teeth with his battery operated toothbrush but needs assistance with placing the toothpaste on the toothbrush. He is unable to shave independently, trim finger or toe nails, or put on underarm deodorant.

18. Mr. Lopez is unable to perform any household activities. Prior to the injury he was living alone independently, and was responsible for all of the cleaning, cooking, shopping, laundry and home repairs. Currently, Kevin and his girlfriend are responsible for all of the

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household activities. On occasion, when Mr. Lopez is in a great deal of pain, they have to help feed him.

19. Mr. Lopez is unable to drive a vehicle at this time. Not only is he wearing a hard cervical collar which would restrict his range of motion and peripheral vision, he is not strong enough to turn the key in the ignition to start a vehicle. Mr. Lopez used to love to work on cars/engines. At the time of the accident, he was in the process of rebuilding and repairing three pickup trucks. He stated that his vehicles were never in the repair shop and that he repaired anything that went wrong.

20. For safety reasons, Mr. Lopez is never left alone. He is unable to open the medication bottles to take his medicine independently, and he is unable to get a glass of water to take his medications. Kevin and Kevin’s girlfriend are responsible for managing his medications. Mr. Lopez requires supervision when walking throughout his home as his gait is unsteady. The trailer home that he lives in has four wooden steps and a railing that is not sturdy. In an emergency, Mr. Lopez would not be able to get out of this home safely and independently.

21. Mr. Lopez does not leave his home except to go to medical appointments. He has attempted to sit outside with his son, but has only been able to do so for about ten minutes and then needs to lie down. Walking outside and down the four stairs aggravates his pain and he is unable to tolerate it.

22. Mr. Lopez attended public schools in Anytown, Texas. He did not graduate from high school, but earned his GED in 2006. Mr. Lopez completed training as a commercial truck driver, and worked as a truck driver for fifteen years. He also worked for Carson Construction in Anytown, Texas as a laborer building bridges for two years. During his employment with Carson Construction, he injured his back while lifting something. He received treatment and was able to return to Carson Construction with no restrictions after this injury.

23. At the time of the accident which is the subject of this litigation, Mr. Lopez was working as a truck driver for Bartok Company, a meat processing plant in Anytown, Texas. He was responsible for moving trailers from dock to dock and getting them placed in the yard for the delivery driver to pick up and deliver. Mr. Lopez reported that he worked forty hours per week and as much overtime as possible. He often worked weekends and he earned $9.75 per hour plus overtime. His only benefit was one week of vacation per year. He had no medical/dental coverage, sick time, short- or long-term disability or retirement plan. At the same time, he worked as the maintenance manager for the trailer park where he lives and earned $7.50 per hour, working five days per week. He began working there in 2007. Mr. Lopez has been unable to return to work, and has not been released by his physician to return to work in any capacity since the accident.

Life Care Plan

24. A life care plan is a dynamic document based upon published standards of practice, comprehensive assessment, data analysis and research, which provides an organized, concise plan for current and future needs with associated cost for individuals who have experienced

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Life Care Plan for Gilberto Lopez

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catastrophic injury or have chronic health care needs.17 We have assumed Mr. Lopez’ remaining life expectancy as of the date of this report is 25.3 years based on the average life expectancy for fifty-seven year old Hispanic males as calculated by the National Center for Health Statistics.18 Attachment 3 contains the details of the LCP and a summary of costs. Figure 1 is a series of tables showing the description, frequencies and quantities of the goods and services that make up the LCP, and the cost of the goods and services in current dollars. Figure 2 is a summary of these costs by category. What follows is a discussion of each of the categories of goods and services. Two scenarios have been presented in this LCP for Mr. Lopez because of the level of care that he requires at this time and for the rest of his lifetime. Scenario 1 includes the costs of a 24-hour attendant to assist with his needs. Scenario 2 includes the costs for a nursing home facility.

Routine Medical Care 25. Dr. Owens has recommended that Mr. Lopez follow up with him three times a year

for life. Dr. Owens has also recommended one MRI every three years, as well as two cervical epidural steroid injections per year for his lifetime. These costs have been included in the LCP.

Surgeries 26. Dr. Tracey has recommended an anterior cervical discectomy and cervical fusion with

hardware at the C3-C4 level as his spinal cord is being compressed. Dr. Tracey stated that the surgery will not help with his pain but would give him maximum chance of improvement19 since the disc compressing the spinal cord would be removed. This is an outpatient procedure and the physician, surgery center and anesthesia costs have been included in the LCP.

Evaluations 27. Mr. Lopez appears very upset by his current situation. He is having a difficult time

adjusting to requiring so much care and losing his independence. Therefore, one evaluation for counseling is recommended in the LCP. On-going counseling is covered in the section on therapy below.

Therapy 28. Due to Mr. Lopez’s difficulty with adjusting to his disability, psychological

counseling has been included in the LCP. Also, included in the LCP are the costs for case management services throughout his lifetime. A case manager will assist Mr. Lopez with the coordination of his care, manage his caregivers or agency, and be an advocate for him.

Medications 29. Mr. Lopez is currently taking Clonazepam, Amitriptyline, Cymbalta, Fexmid and

Xodol on a daily basis. Dr. Owens has recommended that he continue with these medications, and therefore the prices of these medications for the rest of Mr. Lopez’s life have been included in the LCP. The prices for these medications were obtained from the CVS pharmacy in Anytown, Texas, the pharmacy that Mr. Lopez currently uses.

17 Life Care Planning and Case Management Handbook, 3rd Edition, Roger Weed (CRC Press) page 4. 18 National Center for Health Statistics, Division of Vital Statistics, United States Life Tables by Hispanic Origin, 2010, Series 2, Number 152, page 20. Website: http://www.cdc.gov/nchs/data/series/sr_02/sr02_152.pdf 19 Tracey, Edward, MD, Neurosurgical Associates, L.L.P., Encounter Summary, April 1, 2011, pages 1-2

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Aides for Independent Functioning

30. The goal of any assistive device is to aid in the functional independence of the individual. Some equipment will also assist with energy conservation when fatigue is an issue as is the case with Mr. Lopez. At this time, Mr. Lopez is dependent on his son Kevin and Kevin’s girlfriend for many activities. A hospital bed has been included to provide more independence for getting into and out of bed. It will allow him to conserve energy when changing positions due to pain, and he will be able to change positions to increase his ability to dress more efficiently. A shower chair has also been included to increase Mr. Lopez’ safety, independence and conserve energy while showering. These devices as well as the replacement costs for them have been included in the LCP to increase his independence within his home.

Wheelchair 31. A standard manual wheelchair has been included in the LCP for when Mr. Lopez

goes outside of his home. He does not have the strength or stamina to walk any distance, and therefore will need the assistance of a wheelchair in the community. Due to muscle weakness and atrophy in his upper extremities, Mr. Lopez will need assistance in the community as he is unable to propel a wheelchair himself. He is easily fatigued and would most likely be unable to propel the wheelchair for long distances with his legs due to decreased stamina. The initial cost as well as replacement costs has been included.

Home Care Services 32. Mr. Lopez is unable to care for himself safely or independently. Dr. Owens has

stated that he agrees that Mr. Lopez requires 24-hour attendant care in his home, or he would need to be in an assisted living or nursing home facility in order to meet his needs due to his rapid decrease in functioning. Therefore, two scenarios have been included in the LCP. Scenario 1 provides for the cost of 24-hour attendant care. This option allows for Mr. Lopez to receive care within his own home where he is established and content. Personal care attendants would assist with all activities of daily living, cooking, cleaning, medication administration, transportation to appointments, shopping and overall supervision for safety. Scenario 2 provides for the cost of a nursing facility. A nursing home facility will be able to provide 24-hour supervision for Mr. Lopez rather than an assistive living facility where he would spend several hours unsupervised. Because Mr. Lopez requires care at any given time, he would need the services of a nursing home facility rather than an assisted living facility.

Home Modifications 33. Mr. Lopez is currently unable to exit safely from his home due to the conditions of

the entry way stairs. Therefore, a portable ramp has been included in the LCP to allow him better access to exit his home. This ramp will also give him the opportunity to exit his home in the wheelchair in order to conserve energy for activities outside of his home. These modifications will assist Mr. Lopez with improved mobility, safety and independence. The initial cost as well as replacement cost has been included in the LCP.

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Economic Analysis

34. The figures in Attachments 4 and 5 present the calculation of the present value of the future costs of the life care plans for Gilberto Lopez. Attachment 4 includes figures for Scenario 1, Attendant Care. Attachment 5 includes figures for Scenario 2, Nursing Home Facility. The figures in Attachments 4 and 5 are numbered similarly for ease of reference. The figure numbers below refer to both attachments.

35. Figure 1 summarizes RPC’s calculations of the life care plan in current dollars using a remaining life expectancy of 25.3 years.

36. Historically prices have tended to increase over time. The prices of many health care goods and services have increased at a faster rate than prices of all goods and services. Figure 2 shows various health care components of the Consumer Price Index (“CPI”) and their annual growth rates relative to the CPI annual growth rate for all goods and services, as published by the Bureau of Labor Statistics (“BLS”).20

37. RPC uses the intermediate CPI growth rate projections published by the Social Security Administration (“SSA”)21 to calculate inflation rates for the various items in the life care plan, relative to overall CPI projections. Where the BLS does not publish price indices for a category of goods or services referenced in the life care plan, we assume prices will increase at the projected rate of the overall CPI. Figure 3 shows the annual inflation rates for each category, and lists which CPI component is associated with each cost category in the life care plan. Figure 4 presents the calculation of expected future costs of the life care plan.

38. The projected future life care costs must be discounted to a present value. Present value is defined as the value of a sum of money to be received at a known future date. Present value takes into account the time value of money – one dollar received today is worth more than one dollar received in the future. Present value is calculated by applying a risk-free interest rate to the stream of future payments.

39. The discount rate has two components: the real risk-free interest rate and the expected future inflation rate. To estimate the real risk-free interest rate, RPC used the average real interest rate charged on three-month Treasury bills.22 From this we subtracted the annual rate of increase in the Consumer Price Index published by the Bureau of Labor Statistics.23 As shown in Figure 5, from 1960 to 2010, the real risk-free interest rate averaged 1.19%. For the expected future inflation rate, RPC used the intermediate forecast of the SSA, which ranges from 2.3% to 2.8% from 2012 to 2036. This gives us discount rates ranging from 3.49% to 3.99% from 2012 to 2036. These calculations are presented in Figure 6.

20 Bureau of Labor Statistics website, www.bls.gov 21 2010 OASDI Trustees Report, August, 2010, Table V.B1, www.ssa.gov 22 Treasury Direct, Historical Auction Query, www.treasurydirect.gov/instit/annceresult/query/query.htm 23 BLS, Consumer Price Index – All Urban Consumers, www.bls.gov

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Gilberto Lopez – Life Care Plan

Current Dollar

Cost Future Value Present Value

Scenario 1: Attendant Care

$3,245,690 $4,546,919 $2,811,123

Scenario 2: Nursing Home Facility

$1,530,735 $2,859,972 $1,709,903

40. Figure 7 presents the future value of projected annual life care plan costs discounted

to their present value. The two scenarios are summarized in the table above. For the Firm, Ronald T. Luke, JD, Ph.D. President Kacy L. Turner, M.S., CRC, CVE, CLCP

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Attachment 1

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RONALD T. LUKE, JD, Ph.D. Qualifications for Health Care Consulting

July 2009

EDUCATION Harvard University, John F. Kennedy School of Government Doctor of Philosophy in Public Policy, 1975

The University of Texas at Austin, School of Law Doctor of Jurisprudence, 1974

Harvard University, John F. Kennedy School of Government Master of Public Policy, 1972 National Science Foundation Fellow in Economics, 1970 - 1972

Harvard University Bachelor of Arts in Social Studies, Magna Cum Laude, 1970 Phi Beta Kappa, 1970

PROFESSIONAL EXPERIENCE RESEARCH & PLANNING CONSULTANTS (RPC), Austin, Texas President (1979 - Present) Vice President of Operations (1976 - 1979)

RPC provides economic and public policy analysis to public and private sector clients nationwide. In the area of health care consulting, RPC assists health care providers in completing and reviewing Certificate of Need (CON) applications. For both applicants and opponents, Dr. Luke directs the preparation of the health care studies and has presented expert testimony before regional and state health facilities and commissions in CON hearings in more than 20 states. Under Dr. Luke's direction, RPC also prepares strategic plans, financial feasibility studies and market research for general and specialty hospitals, nursing homes, managed care organizations and multi-specialty physician clinics. These studies are utilized for business planning and for litigation support. His areas of expertise include health planning, health finance and market research. Several of these studies have formed the basis for testimony before courts, administrative agencies and legislative committees. Dr. Luke has also testified in federal and state courts on health care matters including anti-trust, billing fraud and abuse, medical staff credentialing and physician contracts. In the course of providing this testimony, Dr. Luke has been accepted as an expert in demography, economics, statistics, market research, socioeconomic impact analysis, health planning, land use planning and financial analysis.

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RONALD T. LUKE, JD, Ph.D. Qualifications for Health Care Consulting

July 2009

A substantial part of Dr. Luke's experience has been the development of RPC as an inter-disciplinary firm providing marketing, economic and public policy studies. The firm has offices in Austin and Atlanta. It also maintains a network of consulting associates throughout the country. As President and owner, Dr. Luke is responsible for supervision of RPC's professional staff and for maintaining high standards for the firm's work products. FORTE, INC., Austin, Texas President (1986 - 2005)

In 1986 Dr. Luke established Forté to provide health cost management services, with special attention to workers' compensation medical care. Forté provides medical bill review and utilization review services nationwide and case management services in Texas. Forté’s clients are insurers and self-insured employers. In June 2005, Forté was sold to a national insurance broker. GULF COAST REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER, Galveston, Texas Director of Administrative Services (1974 - 1976) While preparing his dissertation, Dr. Luke was a consultant to the Gulf Coast Regional Mental Health and Mental Retardation Center on the development of alternatives to state institutions. After completing his degrees, he became Director of Administrative Services for the Center with responsibility for planning, financial management and management information systems. AFFILIATIONS AND PUBLIC SERVICE • State Bar of Texas • American Bar Association • National Health Lawyers Association • National Association of Forensic Economists • Texas Health Care Information Council, Member and Committee Chair • Austin-Travis County Mental Health Mental Retardation Center, Board of Directors • Samaritan Counseling Center, Board of Directors • Easter Seals Central Texas, Officer and Director • Texas Department of Insurance, Utilization Review Advisory Committee, Member and Chair • Texas Business Group on Health, Board of Directors • Texas Association of Business, Board of Directors, Chair Health Policy Committee • Texas Health and Human Services Council, Member • Texas Health and Human Services Commission, Integrated Care Management Advisory

Committee, Vice Chair • Texas Health Care Services Integrity Partnership, Chair

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RONALD T. LUKE, JD, Ph.D. Qualifications for Health Care Consulting

July 2009

TEACHING IN HIGHER EDUCATION Dr. Luke taught courses on public finance and policy analysis utilizing health care case studies at University of Texas at Austin Business School (1978) and University of Houston at Clear Lake City (1975). REPRESENTATIVE PROJECTS Certificate of Need • Provided services on Certificate of Need (CON) applications in the following states: Florida,

Georgia, North Carolina, South Carolina, Mississippi, Alabama, Virginia, Delaware, Pennsylvania, New Jersey, New York, Rhode Island, Connecticut, Vermont, Ohio, Indiana, Illinois, Kentucky, Tennessee, Arkansas, Texas, Oklahoma, Missouri, Kansas, Iowa, Nebraska, South Dakota, North Dakota, New Mexico, Colorado, Arizona, Alaska, Washington, and California.

• Analyzed the impact of state CON laws in controlling health care costs and the need for

continuation of state CON laws and testified before legislative committees in several states. • Prepared studies regarding the revision of CON rules in Georgia and Florida. Business and Strategic Planning • Prepared utilization projections as part of a financial feasibility study for a proton beam

radiation therapy facility • Prepared a feasibility study for a new community hospital in the Rio Grande Valley as part of

a federal mortgage insurance application. • Conducted strategic planning studies on the financial feasibility of women’s specialty

hospitals for a Tennessee health system. • Providing ongoing strategic planning services on product line planning for a North Carolina

health system. • Performed strategic planning studies on the future development of therapeutic wilderness

camping programs for a Florida foundation. • Prepared a feasibility study for development of nursing facilities in conjunction with existing

retirement facilities for a Texas non-profit hospital.

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RONALD T. LUKE, JD, Ph.D. Qualifications for Health Care Consulting

July 2009

• Developed strategic plans for Texas hospitals including extensive survey research and

facilitation of the process at the board level. • Conducted market research to guide the development of point-of-service managed care

products for a Minnesota health maintenance organization. • Researched markets to guide the types of real estate to be developed as part of an integrated

medical center campus in Texas. • Conducted market research and financial feasibility studies on the development of new

general hospitals in Florida. • Completed market and financial feasibility studies for continuing care retirement centers in

Texas and Arkansas. • Conducted strategic planning studies for community mental health centers in Florida and

Texas. • Developed alternatives for a Florida hospital to respond to the development of Medicaid

health maintenance organizations in Florida. Public Policy Studies • Analyze opportunities for improvement of safety and return-to-work practices in Texas for

the Research & Oversight Council on Workers’ Compensation.

• Participating in the development of proposed legislation requiring prospective and sunset analysis of health insurance mandates at the request of the co-chairs of the Joint Interim Committee on Health Care Mandates.

• Analyzed the public costs and benefits of a proposed physician anti-trust exemption for the

Texas Association of Health Plans. • Analyzed the procedural adequacy of rules proposed by the Texas State Board of Pharmacy

to restrict substitution of generic drugs for a generic drug manufacturer. • Managed a study on the impact of state mandates of health insurance benefits on the percent

of people uninsured and alternatives for analysis of mandate proposals for the Health Partners Task Force of the Texas Association of Business and Chambers of Commerce.

• Determined the adequacy of payments to hospitals for inpatient services by workers’

compensation insurance companies under the Texas Workers’ Compensation Act for the Texas Association of Business and chambers of Commerce.

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RONALD T. LUKE, JD, Ph.D. Qualifications for Health Care Consulting

July 2009

• Analyzed the adequacy of patient protections for persons enrolled in managed care plans and

the cost of an “any willing provider” mandate for the Tennessee Legislature. • Developed proposed rules and procedures for implementation of a hospital discharge data

system for the Texas Health Care Information Council. • Analyzed pharmacy benefits under the TennCare program for the Tennessee Legislature. • Testified on behalf of the State of Texas regarding the reasonableness and financial impact of

the Texas Workers' Compensation Commission 1992 hospital fee schedule and 2002 Medical Fee Guideline in litigation challenging its adoption.

• Assisted the Texas Attorney General's Office in the investigation of business practices of

psychiatric hospital companies in Texas and on the development of settlement agreements and legislative proposals.

• Prepared performance reviews, service inventories and recommendations to the Texas

Legislature on state agencies serving the visually handicapped in Texas for the Governor's Coordinating Office for the Visually Handicapped.

• Prepared studies of contracting practices and management information systems regarding

community mental health centers for the Florida Department of Health and Rehabilitative Services.

• Consulted the Texas Business Group on Health on development of legislation creating a

public health database for the State of Texas and its participation in negotiations on the legislation with affected interest groups.

• Studied the reasonableness of several versions of the Texas Workers' Compensation

Commission schedule for physical therapy fees relative to fees for other medical services for the Texas Physical Therapy Association.

• Developed draft rules for the American Insurance Association and the Association of

American Insurers on alternative hospital fee schedules for use by the Texas Industrial Accident Board.

Litigation Support • Determined the rate of payment to which health care facilities are entitled for services to

workers’ compensation patients under the Texas statute in the absence of a valid rule establishing a fee guideline.

• Analyzed the impact of potential interpretations of stop-loss provisions in the hospital fee

guideline of the Texas Workers’ Compensation Commission.

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RONALD T. LUKE, JD, Ph.D. Qualifications for Health Care Consulting

July 2009

• Determined the interest payments owed health care providers by an insurance carrier under

rules of the Texas Workers’ Compensation Commission. • Established product and geographic market definition and demonstrate the defendant had

market power that it was using to compel managed care plans to exclude a hospital from provider networks in a state anti-trust action.

• Established product and geographic market definition and demonstrate the defendant had

market power to force employers to exclude a health care provider from their provider networks in a federal anti-trust action.

• Determined the damages to a physician group due to a hospital’s breach of contract and

fiduciary duties regarding a managed care joint venture. • Determined the damages to physicians from loss of hospital privileges or closure of hospital-

based programs. • Determined the damages suffered by a psychiatric practice group due to unlawful conversion

of a long-term psychiatric hospital to short-term programs. • Assessed the damages to a neurosurgeon's income caused by a hospital management

company's failure to fulfill its recruitment agreement. • Evaluated the damages to a household from the loss of health insurance due to inappropriate

business practices of an insurance company in managing risk pools. • Determined the relevant market areas, market size and market shares for cardiology and

cardiovascular surgery services for a defendant hospital in anti-trust litigation regarding medical staff privileges.

• Analyzed discrimination in payment of charges, the market area and the availability of

competing hospitals for defendant insurance companies and hospital in anti-trust litigation. • Determined the damages to third-party payers from improper billing practices of a revenue

enhancement firm for the Texas Attorney General's Office. • Determined the damages to a hospital from the breech of a non-competition agreement by the

purchaser of a long-term psychiatric hospital.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Research & Planning Consultants, L.P. 505 East Huntland Drive, Suite 270 · Austin, Texas 78752

Phone: 512-371-8000 · Fax: 512-371-8001 www.rpcconsulting.com

EDUCATION/CERTIFICATIONS

University of Florida, Gainesville, FL Certificate in Life Care Planning

West Virginia University, Morgantown, WV Master of Science in Rehabilitation Counseling with specialization in Vocational Evaluation

Bachelor of Science in Recreation and Parks Management with specialization in Therapeutic Recreation

Certified Rehabilitation Counselor, 00007772, 1990-Present Certified Vocational Evaluator, 00007772, 1991-Present Certified Life Care Planner, 1013, 2009-Present

PROFESSIONAL EXPERIENCE

RESEARCH AND PLANNING CONSULTANTS, Dallas, TX Consulting Associate (June 2005-Present)

• Provide vocational expert analysis/reports/testimony. • Provide life care planning services/testimony.

PATE REHABILITATION, Dallas, TX Case Manager (June 1, 2009-June 30, 2010)

• Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs.

• Secured precertification from various insurance companies, Workers’ Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources.

• Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training.

GENTIVA REHAB WITHOUT WALLS, Irving, TX Clinical Coordinator (July 2007-July 2009)

• Case management duties for in home multidisciplinary neurorehabilitation for patients with traumatic brain injuries, spinal cord injuries and other neurological disorders.

• Coordinated team of therapists, physician and outside case managers and referral sources and requested continuing pre authorization of services.

• Assisted with community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission as well as outpatient therapies and Social Security as needed.

• Vocational counseling for return to work.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 2 of 4 March 2011

NEW BEGINNINGS VOCATIONAL REHAB SERVICES, INC., Allen, TX Self-Employed Vocational Consultant (June 2002–June 2010)

• Contract medical and vocational case management services for Workers’ Compensation, Longshore, Long Term Disability and Disability Insurance clients.

• Provided transferable skills analysis, job-seeking skills training, resume writing, job accommodations and counseling services.

• Assisted with community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission as well as outpatient physical therapy, pain management, functional capacities evaluations and work hardening as needed.

• Provided comprehensive vocational evaluations and vocational assessments. • Contract vocational rehabilitation counselor for Union Pacific Railroad.

SANTE REHABILITATION, Irving, TX Case Manager/IR Program Coordinator (March 2005–February 2006)

• Responsible for case management process of work hardening, work conditioning and pain management clients. Coordinate Industrial Rehabilitation program between five CARF- and JCAHO-accredited sites. Provided vocational counseling and guidance with emphasis on return to work.

MEDINSIGHTS, Houston, TX

Vocational Consultant (January 2002-August 2005)

• Responsible for vocational case management of Workers’ Compensation clients. • Provided transferable skills analysis, job seeking skills training, resume writing,

vocational evaluation and counseling. • Assisted with community referrals to Texas Department of Assistive and

Rehabilitative Services and Texas Workforce Commission as well as outpatient physical therapy, functional capacities evaluations, and work hardening as needed.

RESOURCE OPPORTUNITIES, INC., Dallas, TX District Manager (April 2000-December 2001)

• Responsible for North Texas territory and supervision of seven staff employees. • Marketing in North/East Texas. • Completed hiring, training, termination and performance reviews. • Tracked monthly revenue and billing. • Responsible for accounts receivable and collections. • Provided vocational case management.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 3 of 4 March 2011

Vocational Case Manager

• Developed caseload for vocational case management in North/East Texas territory. • Provided initial assessments, vocational evaluations/testing, resume development, job

placement and community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission.

• Marketing of vocational services including vocational seminar for adjusters with adjuster license credit.

PATE REHABILITATION, Dallas, TX Case Manager (May 1999-April 2000)

• Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs.

• Secured precertification from various insurance companies, Workers’ Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources.

• Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training.

SELF-EMPLOYED, Dallas, TX

Vocational Consultant (March 1999-May 1999)

• Contracted as vocational consultant providing assessments for individual clients for Dr. Jack G. Dial, licensed psychologist. Testing included McCarron-Dial System, aptitude, academic, achievement, physical capacity and interest inventories.

BLUE RIDGE REHABILITATION SERVICES, Martinsburg, WV Vocational Case Manager/Vocational Evaluator (August 1998-February 1999)

• Contracted as Day Program Coordinator for Learning Services Corp. Responsible for designing and implementing a day program curriculum for adult population with brain injuries. This program encompassed daily living skills, cognitive stimulation, social skills training, awareness of disability, time/money/home management, recreation/leisure skills, community reentry, and vocational assessment and placement. The day program included residential clients as well as outpatient clients from the surrounding community.

• Responsible for marketing of company for expansion in Richmond, Virginia, and

evaluation of Workers’ Compensation clients to determine potential for return to work, vocational training, transferable skills and lost wages.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 4 of 4 March 2011

VIRGINIA DEPARTMENT FOR THE VISUALLY HANDICAPPED, Richmond, VA Rehabilitation Vocational Evaluator, Virginia Rehabilitation Center for the Blind (August 1991-July 1998)

• Managed and coordinated a caseload of blind/visually impaired clients. • Counseled clients on personal adjustment, reasonable accommodation, job-related issues

and personal concerns. • Organized and coordinated client staffings with other personnel to report progress and

final recommendations. • Referred clients to community services and programs when necessary. • Administered individual aptitude, interest and physical capacity tests to assess clients’

vocational potential. • Completed transferable skills analysis when appropriate. • Assessed clients’ communication skills in order to accommodate their needs during the

evaluation process. • Provided recommendations regarding vocational potential and potential for college or

vocational training. • Organized, developed and taught job readiness class including job-seeking skills, resume

writing and mock interviews.

AFFILIATIONS

International Association of Rehabilitation Professionals (IARP)

International Association of Life Care Planners (IALCP)

Texas Association of Rehabilitation Professionals and Providers of Services (TARPPS) Secretary 2009-2011, President Elect 2010-2011

Vocational Evaluation and Career Assessment Professionals (VECAP)

PRESENTATIONS Texas Association of Rehabilitation Professionals and Providers of Services Labor Market Surveys, May 14, 2004 Alternative Rehabilitation Specialization Areas-Vocational Evaluation, June 6, 2006

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Attachment 2

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Allegro Medical Supplies Inc. Description, Price, and Ordering Information. www.allegromedical.com/daily-living-aids ……. Ultra Light Plus Full Electric Bed. Downloaded May 1, 2011, 4 pages ……. Flex-A-Bed Value-Flex Adjustable Bed. Downloaded May 1, 2011. 4 pages ……. Bath Safe Height Adjustable Shower Chair. Downloaded May 1, 2011. 4 pages ……. Excel 2000 Wheelchair. Downloaded May 1, 2011. 4 pages

American Board of Internal Medicine. Verification of Physician Certification. Dr. Miles C.

Stanford. http://www.abim.org/services/physver.aspx. Downloaded May 23, 2011. 1 page

American Board of Neurological Surgery. Verification of Physician Certification. Edward

E. Tracey, M.D., Ph.D., http://www.abns.org/diplomates/details.aspx?PersonId=11333. 1 page

Homecare Equipment & Products

……. Emed Stores. Emed Hospital Beds. Invacare Full-Electric Home Care Bed Frame. Description, Specifications, and Reviews. http://www.emedhospitalbeds.com/products/Invacare-Full%252dElectric-Ho... Downloaded May 1, 2011. 2 pages

……. Wheelchair Ramps, EZ Access, Portable Ramps, Scooter Ramps. Pathway Wheelchair Ramps or Scooters Ramps with Handrails. Description, Specifications, Pricing. http://www.portable-wheelchair-ramps.com/Wheelchair_Ramps/pathway. Downloaded May 1, 2011. 3 pages

……. Homecare Beds. Hospital Bed & Related. Homecare Adjustable Beds. Description, Pricing, and Ordering Information. http://www.phc-online.com/Homecare_Beds_s/15164.htm. Downloaded May 1, 2011. 2 pages

……. MedRamps.com. EZAccess Pathway Ramp Classic. Specifications and Pricing. http://www.medramps.com/EZAccess/PathwayClassic.htm. Downloaded May 1,

2011. 2 pages ……. Patterson Medical. Bath Bench with Back and Removable Arms. Description

and Pricing. http://pattersonmedical.com. Downloaded May 1, 2011. 1 page ……. Ramp Solutions. EZAccess Pathway Ramps. Specifications and Pricing.

http://www.rampsolutions.net/pathwayramps.html. 3 pages ……. Patterson Medical. Assistive Personal Care Products.

http://pattersonmedical.com/app ……. Nova Steel Wheelchair Standard with Fixed Full Arms and Swing Away

Footrests. http://www.walgreens.com/store/c/nova-steel-wheelchair. Downloaded May 1, 2011. 3 pages

……. Nova Foldable Shower Chair with Back. http://www.walgreens.com/store/c/nova-foldable-shower-chair-with-back. Downloaded May 1, 2011. 2 pages

……. Drive Medical Silver Sport 1 Wheelchair with Full Arms and Swingaway Removable Footrest SSP118FA-SF Steel, Black, 18". http://www.walmart.com/ip/Drive-Medical-Silver-Sport-1-Wheelchair. Downloaded May 1, 2011. 1 page

Endplates. Anatomical Description. http://en.wikipedia.org/wiki/Endplates. Downloaded

April 29, 2011. 1 page

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International Academy of Life Care Planners. Life Care Planning Handbook, 3rd Edition. Definition of a Life Care Plan. page 3

Lubbock Avalanche-Journal. Lubbock Online. Average Nursing Home Cost in Texas Per

Year. http://lubbockonline.com/stories/011204/ban_011204012.shtml. Downloaded May 1, 2011. 3 pages

Lopez, Gilberto. Medical

……. Center for Pain Management. January 6, 2010 through August 4, 2010 ……. Careview Health Center. 10 pages ……. Careview Hospital Anytown. 12 pages ……. ABD Neurosurgical Associates. January 1, 2010 through April 1, 2011. 6 pages ……. October 4, 2009 through December 31, 2009. 12 pages ……. Anytown Ambulance Emergency Services. September 30, 2009. 12 pages ……. John R. Woodward, M.D., P.A. November 19, 2009. 3 pages ……. University Medical Center. September 30, 2009 through October 6, 2009. 76

pages ……. Physician’s Progress Record. Physical Therapy Initial Evaluation.

Progress Notes. Emergency Center Documentation. Discharge Documentation. 77 pages

……. General Laboratory. Nursing Documentation. 71 pages ……. Nursing Documentation. General Laboratory. 87 pages ……. Medical Records. December 30, 2009 through December 5, 2010. 67 pages ……. Medical Records. October 1, 2009 through December 31, 2010. 43 pages

Medical Dictionary. Definition of Hoffman’s Reflex. http://medical-

dictionary.thefreedictionary.com/Hoffman's+reflex. Downloaded May 24, 2011. 4 pages Texas Medical Board. Public Verification, Physician Profile. John Robert Woodward, M.D.

http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp. Downloaded April 29, 2011. 6 pages

Turner, Kacy L., MS, CRC, CVE, CLCP, Research & Planning Consultants, LP, Certified

Life Care Planner. ……. Telephone conference with Dr. Owens to discuss future needs for Mr. Lopez.

May 9, 2011 ……. Telephone calls regarding Attendant Care. May 18, 2011

……. Comfort Keepers 806-687-7800. Lisa Carson ……. Girling Home Health. Theresa ……. Area Home Care. Pat Allen, RN ……. Interim Healthcare. Dusty- Director

……. Telephone call to Dr. Tracey’s office. Laura in the business office. May 19, 2011 ……. Telephone call to Plainfield Surgical Center. Marina in the business office. May

19, 2011 ……. Telephone Call to Orion Anesthesia- VM. May 19, 2011

……. Second Phone call and spoke with Nancy. May 20, 2011 ……. CVS Pharmacy- Sam, Pharmacy Tech. Medication Pricing. May 19, 2011 ……. Letter to Dr. Gregory Owens re Request for Information. April 29, 2011. 3 pages

Turner, Kacy L., MS, CRC, CVE, CLCP, Research & Planning Consultants, LP, Certified Life Care Planner (Continued)

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……. Pricing. Comparison of Shower Chair and Wheelchair of Patterson, Allegro and Walgreen; Hospital Bed of Preferred Health and Allegro; Ramps of Express Ramps, Ramp Solutions, Medramp.com. April 30, 2011. 1 page

U.S. Bureau of Labor Statistics. Consumer Expenditure Survey. Table 4. Size of Consumer

Unit: Average annual expenditures and characteristics. Consumer Expenditure Survey 2009. 4 pages ……. Compensation and Working Conditions. Long-term Care Insurance Gains

Prominence by Jordan Pfuntner and Elizabeth Dietz. January 28, 2004. 8 pages ……. Occupational Employment Statistics. May 2009 Metropolitan and

Nonmetropolitan Area Occupational Employment and Wage Estimates. Anycity, Texas. http://www.bls.gov/oes/current/oes_31180.htm. 27 pages

U.S. Department of Health and Human Services, Centers for Disease Control and

Prevention, National Center for Health Statistics. Vital and Health Statistics. Data Evaluation and Methods Research. United States Life Tables by Hispanic Origin Data. Series 2, Number 152. October 2010. 41 pages

WebMD. Drugs & Medications – Amitriptyline Oral. Description and Precautions.

http://www.webmd.com/drugs/drug-8611-amitriptyline+Oral.aspx?drugid=.... Downloaded May 17, 2011. 2 pages ……. Clonazepam Oral. Description &Precautions.

http://www.webmd.com/drugs/mono-6006-CLONAZEPAM+-+ORAL.aspx... Downloaded May 17, 2011. 1 page

……. Cymbalta Oral. Description & Precautions. http://www.webmd.com/drugs/drug-91491-Cymbalta+Oral.aspx?drugid=91... Downloaded May 17, 2011. 2 pages

……. Fexmid Oral. Description &Precautions. http://www.webmd.com/drugs/drug-148058-Fexmid+Oral.aspx?drugid=148... Downloaded May 17, 2011. 1 page

……. Xodol 10/300 Oral. Description &Precautions. http://www.webmd.com/drugs/drug-144032-Xodol+10%2f300+Oral.aspx?d... Downloaded May 17, 2011. 1 page

Weed, Roger O. and Debra E. Berens. Life Care Planning and Case Management

Handbook, Third Edition.

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Attachment 3

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Surgeries

Anterior Cervical Discectomy and Fusion (ACDF) 57.7 58.7 1 1 $11,106.00 $11,106.00 $11,106.00

Dr. Edward Tracey,

Neurosurgeon

Cost is per Laura in the business office for Dr. Edward Tracey. Includes fees for CPT codes 22551, 22845, 22851, 20930 and 20936.

ACDF- Surgery Center Fee

57.7 58.7 1 1 $65,000.00 $65,000.00 $65,000.00

Dr. Edward Tracey,

Neurosurgeon

Cost per Marina in the billing office of Plainfield Surgical Center. Cost is $60,000.00- $70,000.00. this allows for additional hardware that might be determined to be necessary during the surgery and for different brands of hardware.

ACDF- Anesthesia Fees 57.7 58.7 1 1 $1,260.00 $1,260.00 $1,260.00

Cost is per Nancy in the business office for Orion Anesthesia. Includes fees for CPT codes 22551, 22845, 22851, 20930 and 20936.

Total Surgeriesin Lifetime $77,366.00

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Evaluations

Costs for CPT Codes from "Medical Fees in the United States" with Geographic Adjustment Factor of 0.971 (Texas) for 75% of usual, reasonable and customary fees used when bills not available.

Rehabilitation/ Long Term Needs Assessment 57.7 83 25.3 One time only

Kacy L. Turner, MS, CRC, CVE, CLCP Assess Handicapping Conditions Completed on 5/11/11

Psychological Evaluation for Adjustment Counseling 57.7 58.7 1 1 $237.90 $237.90 $237.90

Kacy L. Turner, MS, CRC, CVE, CLCP CPT 90801

Total Evaluationsin Lifetime $237.90

Figure 3.1Life Care Plan: Gilberto Lopez

DOB: 10/03/53Interview: 4/20/11

Diagnosis: Spinal Cord Compression InjuryDate Prepared: 5/19/11

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Routine Medical Care

Costs for CPT Codes from "Medical Fees in the United States" with Geographic Adjustment Factor of 0.971 (Texas) for 75% of usual, reasonable and customary fees used when bills not available.

Pain Management Visits, Dr. Oliva 57.7 83 25.3 3 $70.00 $210.00 $5,320.00

Dr. Gregory Owens

CPT Code 99313 Price for visit for per Dr. Owens' billing records.

MRI of Cervical Spine60.7 83 22.3 1/3 $1,741.00 $580.33 $13,928.00

Dr. Gregory Owens

CPT Code 72141 One MRI every three years for a total of 8 in lifetime.

Epidural Steroid Injection- Neurolytic Cervical or Thoracic 58.7 83 24.3 2 $726.00 $1,452.00 $35,574.00

Dr. Gregory Owens

CPT Code 62281 Two injections per year for pain management. Pricing are actual costs billed by Dr. Owens.

Cervical Epidural58.7 83 24.3 2 $660.00 $1,320.00 $32,340.00

Dr. Gregory Owens

CPT Code 62310 Two injections per year for pain management. Pricing are actual costs billed by Dr. Owens.

Interpretation of Radiograph

58.7 83 24.3 2 $198.00 $396.00 $9,702.00Dr. Gregory

Owens

CPT Code 72275 Two injections per year for pain management. Pricing are actual costs billed by Dr. Owens.

IV Sedation58.7 83 24.3 2 $264.00 $396.00 $12,936.00

Dr. Gregory Owens

CPT Code 99144 Two injections per year for pain management. Pricing are actual costs billed by Dr. Owens.

Total Routine Medical Care

in Lifetime $109,800.00

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Therapy

Costs for CPT Codes from "Medical Fees in the United States" with Geographic Adjustment Factor of 0.971 (Texas) for 75% of usual, reasonable and customary fees used when bills not available.

Individual Counseling 57.7 59.7 2 48 $151.48 $7,271.04 $14,542.08

Kacy L. Turner, MS, CRC, CVE, CLCP CPT 90806 To assist with adjustment to disability.

Case Management Services 57.7 83 25.3 24 $75.00 $1,800.00 $45,525.00

Kacy L. Turner, MS, CRC, CVE, CLCP

Case management services to coordinate care, oversee case, manage careviers/agency and be advocate. Two hours per month through life expectency.

Total Therapiesin Lifetime $60,067.08

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Medications

Clonazepam 57.7 83 25.3 365 $0.54 $197.10 $4,986.63Dr. Gregory

Owens

One tablet per day as prescribed. Prices per CVS that Mr. Rodriguez currently uses for his prescriptions. $16.19 for 30 tablets = $.54 per tablet.

Amitripyline 57.7 83 25.3 365 $0.40 $146.00 $3,693.80Dr. Gregory

Owens

One tablet per day as prescribed. Prices per CVS that Mr. Rodriguez currently uses for his prescriptions. $11.99 for 30 tablets = $.40 per tablet

Cymbalta 57.7 83 25.3 365 $5.83 $2,127.95 $53,837.14Dr. Gregory

Owens

One tablet per day as prescribed. Prices per CVS that Mr. Rodriguez currently uses for his prescriptions. 174.99 for 30 tablets = $5.83 per tablet

Fexmid 57.7 83 25.3 1095 $4.57 $5,004.15 $126,605.00Dr. Gregory

Owens

Three tablets per day as prescribed. Prices per CVS that Mr. Rodriguez currently uses for his prescriptions. $410.99 for 90 tablets = $4.57 per tablet.

Xodol 57.7 83 25.3 1825 $2.94 $5,365.50 $135,747.15Dr. Gregory

Owens

One tablet every 4-6 hours = 4 to 6 tablets per day= average 5 tablets per day as prescribed. Prices per CVS that Mr. Rodriguez currently uses for his prescriptions. $352.99 for 120 tablets = $2.94 per tablet

Total Medicationsin Lifetime $324,869.71

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Aids for Independent Functioning

Shower Chair 57.7 58.7 1 1 $151.66 $151.66 $151.66

Kacy L. Turner, MS, CRC, CVE, CLCP

Average price from Patterson Medical, Allegro Medical and Walgreens.com.

Replacement Shower Chair 63.7 83 19.3 1/6 $151.66 $25.28 $606.64

Kacy L. Turner, MS, CRC, CVE, CLCP

Replacement costs. Average price from Patterson Medical, Allegro Medical and Walgreens.com.

Hospital Bed 57.7 58.7 1 1 $2,396.98 $2,396.98 $2,396.98

Kacy L. Turner, MS, CRC, CVE, CLCP

Average price from Allegro Medical and Preferred Health Choice. Price included mattress.

Replacement Hospital Bed 63.7 83 19.3 1/6 $2,396.98 $399.50 $9,587.92

Kacy L. Turner, MS, CRC, CVE, CLCP

Replacement cost. Average price from Allegro Medical and Preferred Health Choice. Price includes mattress

Total Aids for Independent Functioningin Lifetime $12,743.20

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Wheelchair

Manual Wheelchair 57.7 58.7 1 1 $234.92 $234.92 $234.92

Kacy L. Turner, MS, CRC, CVE, CLCP

Average price from Allegro Medical, Walgreens and Patterson Medical.

Replacement Manual Wheelchair 63.7 83 19.3 1/6 $234.92 $39.15 $939.68

Kacy L. Turner, MS, CRC, CVE, CLCP

Replacement costs. Average price from Allegro Medical, Walgreens and Patterson Medical.

Total Wheelchair Needs

in Lifetime $1,174.60

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

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Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Home Care / Assistance

Scenario 1: Attendant Care 57.7 83 25.3 8760 $11.98 $104,944.80 $2,655,103.44

Kacy L. Turner, MS, CRC, CVE, CLCP

Average cost of services provided by Comfort Keepers and Girling Home Health Care

Scenario 2: Nursing Home Facility 57.7 83 25.3 1 $37,160.00 $37,160.00 $940,148.00

Kacy L. Turner, MS, CRC, CVE, CLCP

United States Bureau of Labor Statistics is $52,000.00- $3,460.00 (average cost of food)- $11,380.00 (average cost of housing) = $37,160.00 per year

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

CARLOS MARTINEZ

94

Item/ServiceAge

BeginsAge

EndsDuration

YearsUnits/ Year

Avg Unit Cost Annual Cost Life Time CostRecommended

ByComments

Home Modifications

Portable Ramp 57.7 58.7 1 1 $865.65 $865.65 $865.65

Kacy L. Turner, MS, CRC, CVE, CLCP

Average price from Express Ramps, Ramp Solutions and Medramp.com

Replacement Portable Ramp 63.7 83 19.3 1/6 $865.65 $144.28 $3,462.60

Kacy L. Turner, MS, CRC, CVE, CLCP

Replacement cost for ramp. Average price from Express Ramps, Ramp Solutions and Medramp.com

Total Home Modifications

in Lifetime $4,328.25

Figure 3.1

Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11Date Prepared: 5/19/11

CARLOS MARTINEZ

95

Scenario 1:Attendant Care

Scenario 2:Nursing Home Facility

Surgeries $77,366.00 $77,366.00Evaluations $237.90 $237.90Routine Medical Care $109,800.00 $109,800.00Therapy $60,067.08 $60,067.08Medications $324,869.71 $324,869.71Aids for Independent Functioning $12,743.20 $12,743.20Wheelchair Needs $1,174.60 $1,174.60Home Care / Assistance $2,655,103.44 $940,148.00Home Modifications $4,328.25 $4,328.25

TOTAL Lifetime Costs $3,245,690.18 $1,530,734.74

Figure 3.2: Summary

Date Prepared: 5/19/11Diagnosis: Spinal Cord Compression Injury

Life Care Plan: Gilberto LopezDOB: 10/03/53

Interview: 4/20/11

CARLOS MARTINEZ

96

Attachment 4

CARLOS MARTINEZ

97

Age YearRoutine

Medical Care Evaluations Therapy MedicationsEquipment &

Supplies Home CareHome

Modifications Surgeries Total58 2011 $140 $238 $4,233 $6,420 $2,784 $52,472 $866 $77,366 $144,51859 2012 $3,906 $9,071 $12,841 $104,945 $130,76360 2013 $3,906 $5,738 $12,841 $104,945 $127,43061 2014 $5,647 $1,800 $12,841 $104,945 $125,23362 2015 $3,906 $1,800 $12,841 $104,945 $123,49263 2016 $3,906 $1,800 $12,841 $104,945 $123,49264 2017 $5,647 $1,800 $12,841 $2,784 $104,945 $866 $128,88265 2018 $3,906 $1,800 $12,841 $104,945 $123,49266 2019 $3,906 $1,800 $12,841 $104,945 $123,49267 2020 $5,647 $1,800 $12,841 $104,945 $125,23368 2021 $3,906 $1,800 $12,841 $104,945 $123,49269 2022 $3,906 $1,800 $12,841 $104,945 $123,49270 2023 $5,647 $1,800 $12,841 $2,784 $104,945 $866 $128,88271 2024 $3,906 $1,800 $12,841 $104,945 $123,49272 2025 $3,906 $1,800 $12,841 $104,945 $123,49273 2026 $5,647 $1,800 $12,841 $104,945 $125,23374 2027 $3,906 $1,800 $12,841 $104,945 $123,49275 2028 $3,906 $1,800 $12,841 $104,945 $123,49276 2029 $5,647 $1,800 $12,841 $2,784 $104,945 $866 $128,88277 2030 $3,906 $1,800 $12,841 $104,945 $123,49278 2031 $3,906 $1,800 $12,841 $104,945 $123,49279 2032 $5,647 $1,800 $12,841 $104,945 $125,23380 2033 $3,906 $1,800 $12,841 $104,945 $123,49281 2034 $3,906 $1,800 $12,841 $104,945 $123,49282 2035 $5,647 $1,800 $12,841 $2,784 $104,945 $866 $128,88283 2036 $1,988 $1,425 $10,273 $83,956 $97,641

$109,800 $238 $60,067 $324,870 $13,918 $2,655,103 $4,328 $77,366 $3,245,690TOTAL

Current Dollar CostFigure 4.1

Scenario 1: Attendant Care

CARLOS MARTINEZ

98

Annual RelativeGrowth Growth

Base Year Dec-82 Dec-86 Dec-96 Dec-05 Dec-09 Mar-11 # Years Rate Rate97.600 223.467 28.25 2.98%

110.500 223.467 24.25 2.95%158.600 223.467 14.25 2.44%

196.800 223.467 5.25 2.45%97.600 215.949 27.00 2.99%

Physicians' Services 1982-1984 = 100 95.600 339.532 28.25 4.59% 154.20%

Other Medical Professionals 12/86 = 100 100.000 216.964 24.25 3.25% 110.14%

Medical Care Services 1982-1984 = 100 97.100 420.852 28.25 5.33% 179.06%

Prescription Drugs and Medical Supplies 1982-1984 = 100 94.900 422.168 28.25 5.43% 182.32%

Non-Prescription Equipment & Supplies* 1982-1984 = 100 97.300 187.465 27.00 2.46% 82.36%

Outpatient Hospital 12/96 = 100 100.000 541.427 14.25 12.58% 516.72%

Care of Invalids at Home 12/05 = 100 100.000 112.643 5.25 2.29% 76.84%

*Series discontinued in 2009

All Items 1982-1984 = 100

Figure 4.2Price Inflation of Various Components of Consumer Price Index

Scenario 1: Attendant Care

CARLOS MARTINEZ

99

Includes:

Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor2011 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%2012 2.30% 102.30% 3.55% 103.55% 2.53% 102.53% 4.12% 104.12% 4.19% 104.19% 1.89% 101.89% 11.88% 111.88% 1.77% 101.77%2013 2.70% 105.06% 4.16% 107.86% 2.97% 105.58% 4.83% 109.15% 4.92% 109.32% 2.22% 104.16% 13.95% 127.49% 2.07% 103.88%2014 2.80% 108.00% 4.32% 112.51% 3.08% 108.84% 5.01% 114.62% 5.11% 114.90% 2.31% 106.56% 14.47% 145.94% 2.15% 106.11%2015 2.80% 111.03% 4.32% 117.37% 3.08% 112.20% 5.01% 120.37% 5.11% 120.77% 2.31% 109.02% 14.47% 167.06% 2.15% 108.40%2016 2.80% 114.14% 4.32% 122.44% 3.08% 115.66% 5.01% 126.41% 5.11% 126.93% 2.31% 111.53% 14.47% 191.23% 2.15% 110.73%2017 2.80% 117.33% 4.32% 127.73% 3.08% 119.22% 5.01% 132.74% 5.11% 133.42% 2.31% 114.11% 14.47% 218.89% 2.15% 113.11%2018 2.80% 120.62% 4.32% 133.24% 3.08% 122.90% 5.01% 139.40% 5.11% 140.23% 2.31% 116.74% 14.47% 250.56% 2.15% 115.54%2019 2.80% 124.00% 4.32% 138.99% 3.08% 126.69% 5.01% 146.39% 5.11% 147.38% 2.31% 119.43% 14.47% 286.81% 2.15% 118.03%2020 2.80% 127.47% 4.32% 144.99% 3.08% 130.60% 5.01% 153.73% 5.11% 154.91% 2.31% 122.18% 14.47% 328.31% 2.15% 120.57%2021 2.80% 131.04% 4.32% 151.25% 3.08% 134.62% 5.01% 161.44% 5.11% 162.82% 2.31% 125.00% 14.47% 375.81% 2.15% 123.16%2022 2.80% 134.71% 4.32% 157.78% 3.08% 138.78% 5.01% 169.53% 5.11% 171.13% 2.31% 127.89% 14.47% 430.18% 2.15% 125.81%2023 2.80% 138.48% 4.32% 164.60% 3.08% 143.06% 5.01% 178.03% 5.11% 179.87% 2.31% 130.83% 14.47% 492.42% 2.15% 128.52%2024 2.80% 142.35% 4.32% 171.70% 3.08% 147.47% 5.01% 186.96% 5.11% 189.05% 2.31% 133.85% 14.47% 563.67% 2.15% 131.28%2025 2.80% 146.34% 4.32% 179.12% 3.08% 152.02% 5.01% 196.33% 5.11% 198.70% 2.31% 136.94% 14.47% 645.22% 2.15% 134.11%2026 2.80% 150.44% 4.32% 186.85% 3.08% 156.70% 5.01% 206.17% 5.11% 208.84% 2.31% 140.10% 14.47% 738.57% 2.15% 136.99%2027 2.80% 154.65% 4.32% 194.92% 3.08% 161.54% 5.01% 216.51% 5.11% 219.50% 2.31% 143.33% 14.47% 845.43% 2.15% 139.94%2028 2.80% 158.98% 4.32% 203.33% 3.08% 166.52% 5.01% 227.36% 5.11% 230.71% 2.31% 146.63% 14.47% 967.75% 2.15% 142.95%2029 2.80% 163.43% 4.32% 212.11% 3.08% 171.65% 5.01% 238.76% 5.11% 242.49% 2.31% 150.01% 14.47% 1107.76% 2.15% 146.03%2030 2.80% 168.01% 4.32% 221.27% 3.08% 176.95% 5.01% 250.73% 5.11% 254.87% 2.31% 153.47% 14.47% 1268.04% 2.15% 149.17%2031 2.80% 172.71% 4.32% 230.82% 3.08% 182.41% 5.01% 263.30% 5.11% 267.88% 2.31% 157.01% 14.47% 1451.50% 2.15% 152.38%2032 2.80% 177.55% 4.32% 240.79% 3.08% 188.03% 5.01% 276.51% 5.11% 281.55% 2.31% 160.63% 14.47% 1661.51% 2.15% 155.66%2033 2.80% 182.52% 4.32% 251.19% 3.08% 193.83% 5.01% 290.37% 5.11% 295.93% 2.31% 164.34% 14.47% 1901.90% 2.15% 159.01%2034 2.80% 187.63% 4.32% 262.03% 3.08% 199.81% 5.01% 304.93% 5.11% 311.03% 2.31% 168.13% 14.47% 2177.07% 2.15% 162.43%2035 2.80% 192.88% 4.32% 273.34% 3.08% 205.97% 5.01% 320.22% 5.11% 326.91% 2.31% 172.01% 14.47% 2492.05% 2.15% 165.92%2036 2.80% 198.28% 4.32% 285.14% 3.08% 212.32% 5.01% 336.27% 5.11% 343.60% 2.31% 175.97% 14.47% 2852.60% 2.15% 169.49%

Outpatient Hospital

Scenario 1: Attendant Care

Figure 4.3Annual Inflation Rates

76.84%

Wheelchair

Care of Invalids at Home

Attendant Careexcept physician

Anesthesia

Prescription Drugs and Medical Supplies

Routine Medical Surgery Center FeeEvaluations Aids for IndependentMedicationsFunctioningTherapies

516.72%

CPI Physicians' ServicesOther Medical Professionals

Home Modifications Pain Management VisitsSurgery Physician

Non-Prescription Equipment & SuppliesMedical Care Services

Relative to CPI Inflation

179.06% 82.36%100.00% 154.20% 110.14% 182.32%

CARLOS MARTINEZ

100

Age YearRoutine

Medical Care Evaluations Therapy MedicationsEquipment &

Supplies Home CareHome

Modifications Surgeries Total58 2011 $140 $238 $4,233 $6,420 $2,784 $52,472 $866 $77,366 $144,51859 2012 $4,066 $9,301 $13,379 $106,799 $133,54560 2013 $4,261 $6,059 $14,038 $109,015 $133,37261 2014 $6,468 $1,959 $14,754 $111,360 $134,54262 2015 $4,695 $2,020 $15,508 $113,756 $135,97963 2016 $4,929 $2,082 $16,299 $116,204 $139,51464 2017 $7,486 $2,146 $17,131 $3,176 $118,704 $1,016 $149,65965 2018 $5,432 $2,212 $18,006 $121,257 $146,90866 2019 $5,702 $2,280 $18,925 $123,866 $150,77467 2020 $8,663 $2,351 $19,891 $126,531 $157,43668 2021 $6,284 $2,423 $20,907 $129,253 $158,86869 2022 $6,597 $2,498 $21,974 $132,034 $163,10370 2023 $10,025 $2,575 $23,096 $3,642 $134,875 $1,199 $175,41171 2024 $7,270 $2,654 $24,275 $137,776 $171,97672 2025 $7,632 $2,736 $25,514 $140,741 $176,62473 2026 $11,602 $2,821 $26,817 $143,768 $185,00874 2027 $8,411 $2,908 $28,186 $146,861 $186,36675 2028 $8,830 $2,997 $29,625 $150,021 $191,47476 2029 $13,427 $3,090 $31,137 $4,176 $153,249 $1,415 $206,49377 2030 $9,732 $3,185 $32,727 $156,546 $202,18978 2031 $10,216 $3,283 $34,397 $159,914 $207,81179 2032 $15,539 $3,385 $36,153 $163,354 $218,43180 2033 $11,260 $3,489 $37,999 $166,868 $219,61681 2034 $11,820 $3,597 $39,939 $170,458 $225,81482 2035 $17,984 $3,707 $41,978 $4,788 $174,126 $1,670 $244,25383 2036 $6,613 $3,026 $35,297 $142,298 $187,233

$215,087 $238 $83,016 $644,374 $18,565 $3,502,108 $6,165 $77,366 $4,546,919TOTAL

Future ValueFigure 4.4

Scenario 1: Attendant Care

CARLOS MARTINEZ

101

3 Month T-Bill CPI Real InterestYear Interest Rate Inflation Rate1960 2.93% 1.70% 1.23%1961 2.38% 1.00% 1.38%1962 2.78% 1.00% 1.78%1963 3.16% 1.30% 1.86%1964 3.56% 1.30% 2.26%1965 3.95% 1.60% 2.35%1966 4.88% 2.90% 1.98%1967 4.32% 3.10% 1.22%1968 5.34% 4.20% 1.14%1969 6.68% 5.50% 1.18%1970 6.43% 5.70% 0.73%1971 4.35% 4.40% -0.05%1972 4.07% 3.20% 0.87%1973 7.04% 6.20% 0.84%1974 7.89% 11.00% -3.11%1975 5.84% 9.10% -3.26%1976 4.99% 5.80% -0.81%1977 5.27% 6.50% -1.23%1978 7.22% 7.60% -0.38%1979 10.05% 11.30% -1.25%1980 11.51% 13.50% -1.99%1981 14.03% 10.30% 3.73%1982 10.69% 6.20% 4.49%1983 8.63% 3.20% 5.43%1984 9.53% 4.30% 5.23%1985 7.47% 3.60% 3.87%1986 5.98% 1.90% 4.08%1987 5.82% 3.60% 2.22%1988 6.69% 4.10% 2.59%1989 8.12% 4.80% 3.32%1990 7.51% 5.40% 2.11%1991 5.42% 4.20% 1.22%1992 3.45% 3.00% 0.45%1993 3.02% 3.00% 0.02%1994 4.29% 2.60% 1.69%1995 5.51% 2.80% 2.71%1996 5.02% 3.00% 2.02%1997 5.07% 2.30% 2.77%1998 4.81% 1.60% 3.21%1999 4.66% 2.20% 2.46%2000 5.85% 3.40% 2.45%2001 3.44% 2.80% 0.64%2002 1.62% 1.60% 0.02%2003 1.01% 2.30% -1.29%2004 1.39% 2.70% -1.32%2005 3.16% 3.40% -0.24%2006 4.73% 3.20% 1.53%2007 4.41% 2.80% 1.61%2008 1.48% 3.80% -2.32%2009 0.16% -0.40% 0.56%2010 0.14% 1.60% -1.46%

Average 5.25% 4.06% 1.19%

Calculation of Real Interest Rates1960 - 2010

Figure 4.5CARLOS MARTINEZ

102

Year Projected CPIReal Interest

RateNominal

Interest RateDiscount Factor

2011 1.70% 1.19% 2.89% 100.00%2012 2.30% 1.19% 3.49% 97.19%2013 2.70% 1.19% 3.89% 93.92%2014 2.80% 1.19% 3.99% 90.41%2015 2.80% 1.19% 3.99% 86.94%2016 2.80% 1.19% 3.99% 83.61%2017 2.80% 1.19% 3.99% 80.40%2018 2.80% 1.19% 3.99% 77.32%2019 2.80% 1.19% 3.99% 74.35%2020 2.80% 1.19% 3.99% 71.50%2021 2.80% 1.19% 3.99% 68.76%2022 2.80% 1.19% 3.99% 66.13%2023 2.80% 1.19% 3.99% 63.59%2024 2.80% 1.19% 3.99% 61.15%2025 2.80% 1.19% 3.99% 58.81%2026 2.80% 1.19% 3.99% 56.55%2027 2.80% 1.19% 3.99% 54.38%2028 2.80% 1.19% 3.99% 52.30%2029 2.80% 1.19% 3.99% 50.29%2030 2.80% 1.19% 3.99% 48.37%2031 2.80% 1.19% 3.99% 46.51%2032 2.80% 1.19% 3.99% 44.73%2033 2.80% 1.19% 3.99% 43.01%2034 2.80% 1.19% 3.99% 41.36%2035 2.80% 1.19% 3.99% 39.78%2036 2.80% 1.19% 3.99% 38.25%

Discount RateFigure 4.6

CARLOS MARTINEZ

103

Age YearRoutine

Medical Care Evaluations Therapy MedicationsEquipment &

Supplies Home CareHome

Modifications Surgeries Total58 2011 $140 $238 $4,233 $6,420 $2,784 $52,472 $866 $77,366 $144,51859 2012 $3,952 $9,040 $13,004 $103,803 $129,79860 2013 $4,002 $5,690 $13,184 $102,386 $125,26361 2014 $5,848 $1,771 $13,339 $100,676 $121,63462 2015 $4,082 $1,756 $13,482 $98,899 $118,21963 2016 $4,121 $1,741 $13,627 $97,153 $116,64264 2017 $6,018 $1,725 $13,774 $2,554 $95,439 $817 $120,32765 2018 $4,200 $1,710 $13,922 $93,754 $113,58666 2019 $4,240 $1,696 $14,072 $92,099 $112,10767 2020 $6,194 $1,681 $14,223 $90,474 $112,57268 2021 $4,321 $1,666 $14,376 $88,877 $109,24069 2022 $4,362 $1,652 $14,531 $87,308 $107,85370 2023 $6,375 $1,637 $14,687 $2,316 $85,767 $762 $111,54571 2024 $4,446 $1,623 $14,845 $84,253 $105,16772 2025 $4,488 $1,609 $15,004 $82,766 $103,86873 2026 $6,561 $1,595 $15,166 $81,305 $104,62874 2027 $4,575 $1,581 $15,329 $79,870 $101,35575 2028 $4,618 $1,568 $15,494 $78,461 $100,14076 2029 $6,753 $1,554 $15,660 $2,100 $77,076 $712 $103,85577 2030 $4,707 $1,541 $15,829 $75,715 $97,79178 2031 $4,752 $1,527 $15,999 $74,379 $96,65779 2032 $6,951 $1,514 $16,171 $73,066 $97,70280 2033 $4,843 $1,501 $16,345 $71,777 $94,46581 2034 $4,889 $1,488 $16,521 $70,510 $93,40782 2035 $7,154 $1,475 $16,698 $1,905 $69,265 $664 $97,16183 2036 $2,530 $1,157 $13,502 $54,434 $71,624

$125,123 $238 $55,731 $375,203 $11,658 $2,161,985 $3,820 $77,366 $2,811,123

Present Value

TOTAL

Figure 4.7

Scenario 1: Attendant Care

CARLOS MARTINEZ

104

Attachment 5

CARLOS MARTINEZ

105

Age YearRoutine

Medical Care Evaluations Therapy MedicationsEquipment &

SuppliesNursing Home

FacilityHome

Modifications Surgeries Total58 2011 $140 $238 $4,233 $6,420 $2,784 $18,580 $866 $77,366 $110,62659 2012 $3,906 $9,071 $12,841 $37,160 $62,97860 2013 $3,906 $5,738 $12,841 $37,160 $59,64561 2014 $5,647 $1,800 $12,841 $37,160 $57,44862 2015 $3,906 $1,800 $12,841 $37,160 $55,70763 2016 $3,906 $1,800 $12,841 $37,160 $55,70764 2017 $5,647 $1,800 $12,841 $2,784 $37,160 $866 $61,09765 2018 $3,906 $1,800 $12,841 $37,160 $55,70766 2019 $3,906 $1,800 $12,841 $37,160 $55,70767 2020 $5,647 $1,800 $12,841 $37,160 $57,44868 2021 $3,906 $1,800 $12,841 $37,160 $55,70769 2022 $3,906 $1,800 $12,841 $37,160 $55,70770 2023 $5,647 $1,800 $12,841 $2,784 $37,160 $866 $61,09771 2024 $3,906 $1,800 $12,841 $37,160 $55,70772 2025 $3,906 $1,800 $12,841 $37,160 $55,70773 2026 $5,647 $1,800 $12,841 $37,160 $57,44874 2027 $3,906 $1,800 $12,841 $37,160 $55,70775 2028 $3,906 $1,800 $12,841 $37,160 $55,70776 2029 $5,647 $1,800 $12,841 $2,784 $37,160 $866 $61,09777 2030 $3,906 $1,800 $12,841 $37,160 $55,70778 2031 $3,906 $1,800 $12,841 $37,160 $55,70779 2032 $5,647 $1,800 $12,841 $37,160 $57,44880 2033 $3,906 $1,800 $12,841 $37,160 $55,70781 2034 $3,906 $1,800 $12,841 $37,160 $55,70782 2035 $5,647 $1,800 $12,841 $2,784 $37,160 $866 $61,09783 2036 $1,988 $1,425 $10,273 $29,728 $43,414

$109,800 $238 $60,067 $324,870 $13,918 $940,148 $4,328 $77,366 $1,530,735TOTAL

Current Dollar CostFigure 5.1

Scenario 2: Nursing Home Facility

CARLOS MARTINEZ

106

Annual RelativeGrowth Growth

Base Year Dec-82 Dec-86 Dec-96 Dec-05 Dec-09 Mar-11 # Years Rate Rate97.600 223.467 28.25 2.98%

110.500 223.467 24.25 2.95%158.600 223.467 14.25 2.44%

196.800 223.467 5.25 2.45%97.600 215.949 27.00 2.99%

Physicians' Services 1982-1984 = 100 95.600 339.532 28.25 4.59% 154.20%

Other Medical Professionals 12/86 = 100 100.000 216.964 24.25 3.25% 110.14%

Medical Care Services 1982-1984 = 100 97.100 420.852 28.25 5.33% 179.06%

Prescription Drugs and Medical Supplies 1982-1984 = 100 94.900 422.168 28.25 5.43% 182.32%

Non-Prescription Equipment & Supplies* 1982-1984 = 100 97.300 187.465 27.00 2.46% 82.36%

Outpatient Hospital 12/96 = 100 100.000 541.427 14.25 12.58% 516.72%

Nursing Homes/Adult Day Care 12/96 = 100 100.000 181.604 14.25 4.28% 175.58%

*Series discontinued in 2009

All Items 1982-1984 = 100

Figure 5.2Price Inflation of Various Components of Consumer Price Index

Scenario 2: Nursing Home Facility

CARLOS MARTINEZ

107

Includes:

Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor Rate Factor2011 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%2012 2.30% 102.30% 3.55% 103.55% 2.53% 102.53% 4.12% 104.12% 4.19% 104.19% 1.89% 101.89% 11.88% 111.88% 4.04% 104.04%2013 2.70% 105.06% 4.16% 107.86% 2.97% 105.58% 4.83% 109.15% 4.92% 109.32% 2.22% 104.16% 13.95% 127.49% 4.74% 108.97%2014 2.80% 108.00% 4.32% 112.51% 3.08% 108.84% 5.01% 114.62% 5.11% 114.90% 2.31% 106.56% 14.47% 145.94% 4.92% 114.33%2015 2.80% 111.03% 4.32% 117.37% 3.08% 112.20% 5.01% 120.37% 5.11% 120.77% 2.31% 109.02% 14.47% 167.06% 4.92% 119.95%2016 2.80% 114.14% 4.32% 122.44% 3.08% 115.66% 5.01% 126.41% 5.11% 126.93% 2.31% 111.53% 14.47% 191.23% 4.92% 125.85%2017 2.80% 117.33% 4.32% 127.73% 3.08% 119.22% 5.01% 132.74% 5.11% 133.42% 2.31% 114.11% 14.47% 218.89% 4.92% 132.03%2018 2.80% 120.62% 4.32% 133.24% 3.08% 122.90% 5.01% 139.40% 5.11% 140.23% 2.31% 116.74% 14.47% 250.56% 4.92% 138.52%2019 2.80% 124.00% 4.32% 138.99% 3.08% 126.69% 5.01% 146.39% 5.11% 147.38% 2.31% 119.43% 14.47% 286.81% 4.92% 145.33%2020 2.80% 127.47% 4.32% 144.99% 3.08% 130.60% 5.01% 153.73% 5.11% 154.91% 2.31% 122.18% 14.47% 328.31% 4.92% 152.48%2021 2.80% 131.04% 4.32% 151.25% 3.08% 134.62% 5.01% 161.44% 5.11% 162.82% 2.31% 125.00% 14.47% 375.81% 4.92% 159.97%2022 2.80% 134.71% 4.32% 157.78% 3.08% 138.78% 5.01% 169.53% 5.11% 171.13% 2.31% 127.89% 14.47% 430.18% 4.92% 167.84%2023 2.80% 138.48% 4.32% 164.60% 3.08% 143.06% 5.01% 178.03% 5.11% 179.87% 2.31% 130.83% 14.47% 492.42% 4.92% 176.09%2024 2.80% 142.35% 4.32% 171.70% 3.08% 147.47% 5.01% 186.96% 5.11% 189.05% 2.31% 133.85% 14.47% 563.67% 4.92% 184.75%2025 2.80% 146.34% 4.32% 179.12% 3.08% 152.02% 5.01% 196.33% 5.11% 198.70% 2.31% 136.94% 14.47% 645.22% 4.92% 193.83%2026 2.80% 150.44% 4.32% 186.85% 3.08% 156.70% 5.01% 206.17% 5.11% 208.84% 2.31% 140.10% 14.47% 738.57% 4.92% 203.36%2027 2.80% 154.65% 4.32% 194.92% 3.08% 161.54% 5.01% 216.51% 5.11% 219.50% 2.31% 143.33% 14.47% 845.43% 4.92% 213.36%2028 2.80% 158.98% 4.32% 203.33% 3.08% 166.52% 5.01% 227.36% 5.11% 230.71% 2.31% 146.63% 14.47% 967.75% 4.92% 223.85%2029 2.80% 163.43% 4.32% 212.11% 3.08% 171.65% 5.01% 238.76% 5.11% 242.49% 2.31% 150.01% 14.47% 1107.76% 4.92% 234.85%2030 2.80% 168.01% 4.32% 221.27% 3.08% 176.95% 5.01% 250.73% 5.11% 254.87% 2.31% 153.47% 14.47% 1268.04% 4.92% 246.40%2031 2.80% 172.71% 4.32% 230.82% 3.08% 182.41% 5.01% 263.30% 5.11% 267.88% 2.31% 157.01% 14.47% 1451.50% 4.92% 258.51%2032 2.80% 177.55% 4.32% 240.79% 3.08% 188.03% 5.01% 276.51% 5.11% 281.55% 2.31% 160.63% 14.47% 1661.51% 4.92% 271.22%2033 2.80% 182.52% 4.32% 251.19% 3.08% 193.83% 5.01% 290.37% 5.11% 295.93% 2.31% 164.34% 14.47% 1901.90% 4.92% 284.55%2034 2.80% 187.63% 4.32% 262.03% 3.08% 199.81% 5.01% 304.93% 5.11% 311.03% 2.31% 168.13% 14.47% 2177.07% 4.92% 298.54%2035 2.80% 192.88% 4.32% 273.34% 3.08% 205.97% 5.01% 320.22% 5.11% 326.91% 2.31% 172.01% 14.47% 2492.05% 4.92% 313.22%2036 2.80% 198.28% 4.32% 285.14% 3.08% 212.32% 5.01% 336.27% 5.11% 343.60% 2.31% 175.97% 14.47% 2852.60% 4.92% 328.62%

Outpatient Hospital

Scenario 2: Nursing Home Facility

Figure 5.3Annual Inflation Rates

175.58%

Wheelchair

Nursing Homes/Adult Day Care

Nursing HomeFacilityexcept physician

Anesthesia

Prescription Drugs and Medical Supplies

Routine Medical Surgery Center FeeEvaluations Aids for IndependentMedicationsFunctioningTherapies

516.72%

CPI Physicians' ServicesOther Medical Professionals

Home Modifications Pain Management VisitsSurgery Physician

Non-Prescription Equipment & SuppliesMedical Care Services

Relative to CPI Inflation

179.06% 82.36%100.00% 154.20% 110.14% 182.32%

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Age YearRoutine

Medical Care Evaluations Therapy MedicationsEquipment &

SuppliesNursing Home

FacilityHome

Modifications Surgeries Total58 2011 $140 $238 $4,233 $6,420 $2,784 $18,580 $866 $77,366 $110,62659 2012 $4,066 $9,301 $13,379 $38,661 $65,40660 2013 $4,261 $6,059 $14,038 $40,493 $64,85161 2014 $6,468 $1,959 $14,754 $42,484 $65,66662 2015 $4,695 $2,020 $15,508 $44,573 $66,79563 2016 $4,929 $2,082 $16,299 $46,764 $70,07464 2017 $7,486 $2,146 $17,131 $3,176 $49,063 $1,016 $80,01865 2018 $5,432 $2,212 $18,006 $51,475 $77,12566 2019 $5,702 $2,280 $18,925 $54,006 $80,91467 2020 $8,663 $2,351 $19,891 $56,661 $87,56668 2021 $6,284 $2,423 $20,907 $59,446 $89,06169 2022 $6,597 $2,498 $21,974 $62,369 $93,43870 2023 $10,025 $2,575 $23,096 $3,642 $65,435 $1,199 $105,97271 2024 $7,270 $2,654 $24,275 $68,652 $102,85272 2025 $7,632 $2,736 $25,514 $72,027 $107,91073 2026 $11,602 $2,821 $26,817 $75,568 $116,80874 2027 $8,411 $2,908 $28,186 $79,283 $118,78875 2028 $8,830 $2,997 $29,625 $83,181 $124,63476 2029 $13,427 $3,090 $31,137 $4,176 $87,270 $1,415 $140,51577 2030 $9,732 $3,185 $32,727 $91,561 $137,20478 2031 $10,216 $3,283 $34,397 $96,062 $143,95979 2032 $15,539 $3,385 $36,153 $100,785 $155,86280 2033 $11,260 $3,489 $37,999 $105,740 $158,48781 2034 $11,820 $3,597 $39,939 $110,938 $166,29482 2035 $17,984 $3,707 $41,978 $4,788 $116,392 $1,670 $186,51983 2036 $6,613 $3,026 $35,297 $97,691 $142,627

$215,087 $238 $83,016 $644,374 $18,565 $1,815,161 $6,165 $77,366 $2,859,972TOTAL

Future ValueFigure 5.4

Scenario 2: Nursing Home Facility

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3 Month T-Bill CPI Real InterestYear Interest Rate Inflation Rate1960 2.93% 1.70% 1.23%1961 2.38% 1.00% 1.38%1962 2.78% 1.00% 1.78%1963 3.16% 1.30% 1.86%1964 3.56% 1.30% 2.26%1965 3.95% 1.60% 2.35%1966 4.88% 2.90% 1.98%1967 4.32% 3.10% 1.22%1968 5.34% 4.20% 1.14%1969 6.68% 5.50% 1.18%1970 6.43% 5.70% 0.73%1971 4.35% 4.40% -0.05%1972 4.07% 3.20% 0.87%1973 7.04% 6.20% 0.84%1974 7.89% 11.00% -3.11%1975 5.84% 9.10% -3.26%1976 4.99% 5.80% -0.81%1977 5.27% 6.50% -1.23%1978 7.22% 7.60% -0.38%1979 10.05% 11.30% -1.25%1980 11.51% 13.50% -1.99%1981 14.03% 10.30% 3.73%1982 10.69% 6.20% 4.49%1983 8.63% 3.20% 5.43%1984 9.53% 4.30% 5.23%1985 7.47% 3.60% 3.87%1986 5.98% 1.90% 4.08%1987 5.82% 3.60% 2.22%1988 6.69% 4.10% 2.59%1989 8.12% 4.80% 3.32%1990 7.51% 5.40% 2.11%1991 5.42% 4.20% 1.22%1992 3.45% 3.00% 0.45%1993 3.02% 3.00% 0.02%1994 4.29% 2.60% 1.69%1995 5.51% 2.80% 2.71%1996 5.02% 3.00% 2.02%1997 5.07% 2.30% 2.77%1998 4.81% 1.60% 3.21%1999 4.66% 2.20% 2.46%2000 5.85% 3.40% 2.45%2001 3.44% 2.80% 0.64%2002 1.62% 1.60% 0.02%2003 1.01% 2.30% -1.29%2004 1.39% 2.70% -1.32%2005 3.16% 3.40% -0.24%2006 4.73% 3.20% 1.53%2007 4.41% 2.80% 1.61%2008 1.48% 3.80% -2.32%2009 0.16% -0.40% 0.56%2010 0.14% 1.60% -1.46%

Average 5.25% 4.06% 1.19%

Calculation of Real Interest Rates1960 - 2010

Figure 5.5CARLOS MARTINEZ

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Year Projected CPIReal Interest

RateNominal

Interest RateDiscount Factor

2011 1.70% 1.19% 2.89% 100.00%2012 2.30% 1.19% 3.49% 97.19%2013 2.70% 1.19% 3.89% 93.92%2014 2.80% 1.19% 3.99% 90.41%2015 2.80% 1.19% 3.99% 86.94%2016 2.80% 1.19% 3.99% 83.61%2017 2.80% 1.19% 3.99% 80.40%2018 2.80% 1.19% 3.99% 77.32%2019 2.80% 1.19% 3.99% 74.35%2020 2.80% 1.19% 3.99% 71.50%2021 2.80% 1.19% 3.99% 68.76%2022 2.80% 1.19% 3.99% 66.13%2023 2.80% 1.19% 3.99% 63.59%2024 2.80% 1.19% 3.99% 61.15%2025 2.80% 1.19% 3.99% 58.81%2026 2.80% 1.19% 3.99% 56.55%2027 2.80% 1.19% 3.99% 54.38%2028 2.80% 1.19% 3.99% 52.30%2029 2.80% 1.19% 3.99% 50.29%2030 2.80% 1.19% 3.99% 48.37%2031 2.80% 1.19% 3.99% 46.51%2032 2.80% 1.19% 3.99% 44.73%2033 2.80% 1.19% 3.99% 43.01%2034 2.80% 1.19% 3.99% 41.36%2035 2.80% 1.19% 3.99% 39.78%2036 2.80% 1.19% 3.99% 38.25%

Discount RateFigure 5.6

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Age YearRoutine

Medical Care Evaluations Therapy MedicationsEquipment &

SuppliesNursing Home

FacilityHome

Modifications Surgeries Total58 2011 $140 $238 $4,233 $6,420 $2,784 $18,580 $866 $77,366 $110,62659 2012 $3,952 $9,040 $13,004 $37,576 $63,57160 2013 $4,002 $5,690 $13,184 $38,031 $60,90761 2014 $5,848 $1,771 $13,339 $38,408 $59,36662 2015 $4,082 $1,756 $13,482 $38,751 $58,07163 2016 $4,121 $1,741 $13,627 $39,098 $58,58664 2017 $6,018 $1,725 $13,774 $2,554 $39,447 $817 $64,33565 2018 $4,200 $1,710 $13,922 $39,800 $59,63266 2019 $4,240 $1,696 $14,072 $40,155 $60,16367 2020 $6,194 $1,681 $14,223 $40,514 $62,61268 2021 $4,321 $1,666 $14,376 $40,876 $61,24069 2022 $4,362 $1,652 $14,531 $41,242 $61,78670 2023 $6,375 $1,637 $14,687 $2,316 $41,610 $762 $67,38871 2024 $4,446 $1,623 $14,845 $41,982 $62,89672 2025 $4,488 $1,609 $15,004 $42,358 $63,45973 2026 $6,561 $1,595 $15,166 $42,736 $66,05874 2027 $4,575 $1,581 $15,329 $43,118 $64,60375 2028 $4,618 $1,568 $15,494 $43,503 $65,18376 2029 $6,753 $1,554 $15,660 $2,100 $43,892 $712 $70,67177 2030 $4,707 $1,541 $15,829 $44,285 $66,36178 2031 $4,752 $1,527 $15,999 $44,680 $66,95879 2032 $6,951 $1,514 $16,171 $45,080 $69,71580 2033 $4,843 $1,501 $16,345 $45,483 $68,17181 2034 $4,889 $1,488 $16,521 $45,889 $68,78782 2035 $7,154 $1,475 $16,698 $1,905 $46,299 $664 $74,19583 2036 $2,530 $1,157 $13,502 $37,371 $54,560

$125,123 $238 $55,731 $375,203 $11,658 $1,060,765 $3,820 $77,366 $1,709,903

Present Value

TOTAL

Figure 5.7

Scenario 2: Nursing Home Facility

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Research & Planning Consultants, L.P. 505 East Huntland Drive, Suite 270 · Austin, Texas 78752

Phone: 512-371-8000 · Fax: 512-371-8001 www.rpcconsulting.com

Sample Report Loss of Earning Capacity

Prepared for Plaintiff

This Sample Report is a redacted version of an actual RPC report. Names of all individuals including parties to the

lawsuit, physicians, and others have been changed, as have dates and other details.

Carlos Martinez August 10, 2011

You retained Research and Planning Consultants, L.P. (“RPC”) to prepare an analysis of

economic damages due to the injury to Carlos Martinez. This report quantifies Mr. Martinez’ loss of earning capacity. This report is not meant to cover all economic and non-economic damages due to the injury to Mr. Martinez. RPC reserves the right to modify our opinions if additional information is received.

2. This report was prepared by Ronald T. Luke, J.D., Ph.D., assisted by Mary L. Hoane, CPA/CFF, MBA and Kacy L. Turner, MS, CRC, CVE. Their curricula vitae are included in Attachment 1. Attachment 2 contains a list of the documents and other information RPC reviewed in preparing this report. Attachment 3 is Ms. Turner’s vocational assessment. Attachment 4 contains the figures referred to in this report.

3. In analyzing lost earning capacity, the objective is to estimate how much Mr. Martinez’ stroke has decreased his capacity for earning income over the course of his lifetime. Determining economic damages in such cases of personal injury involves a multi-step process. The basic steps are summarized below:

a) Calculate potential salary and benefits for each year through assumed retirement, both pre-injury and post-injury.

b) Adjust the salary and benefits for the probability of being alive, employed, and able to work each year.

c) Determine the Social Security payments that would result from the earnings streams, and adjust for the probability of being alive to receive the benefits through age 100.

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Ray Martinez Economic Damages Report Page 2 of 4

August 12, 2011

d) Subtract the total potential income – salary, benefits, and Social Security payments – after the injury from the total potential income before the injury.

e) Express the amounts calculated for future years in terms of their present value.

4. Mr. Martinez is a 57-year-old Hispanic man, born June 25, 1954. He was admitted to the hospital on July 5, 2008, suffered a stroke while in the hospital, and has been unable to work since that date. At the time of his stroke, Mr. Martinez was working as Operations Manager out of the Austin office of XYZ Company, where he had been employed since 1989. RPC has relied on Ms. Turner’s vocational assessment dated August 10, 2011 for our assumption that Mr. Martinez has no residual earning capacity.

Wages and Benefits

5. Mr. Martinez had worked at XYZ Company for nearly twenty years at the time of his stroke. He had regular pay increases and in his position as Operations Manager he received incentive compensation including commissions and bonuses in addition to his base pay. Figure 1 of Attachment 4 presents his annual compensation for calendar years 2003-2007, inflated to 2008 dollars using Consumer Price Index (“CPI”) annual inflation rates from the Bureau of Labor Statistics (“BLS”. The average of these five years, in 2008 dollars, is the basis for future compensation projections.1

6. Mr. Martinez had fringe benefits for which the company paid a portion, including health insurance, dental insurance, group term life insurance, and disability insurance. Mr. and Mrs. Martinez were unable to provide RPC with specific information regarding the amount the company paid toward the cost of these benefits. Information from Mr. Martinez’ personnel file provided a basis to estimate the value of these fringe benefits. This information included the amount which was deducted from Mr. Martinez check biweekly for his payment toward health and dental insurance in 2008, and the total cost which Mr. Martinez required to pay to maintain health and dental insurance after his benefits as an employee ceased. Figure 2 presents an estimate of the total cost of these benefits2 and deducts the amount paid by Mr. Martinez when he was employed to derive the company portion of the cost. The estimated value of the company-paid portion is 6.9% of the average annual compensation calculated in Figure 1. RPC increased this percentage to 8.0% to allow an additional amount for group term life insurance and disability insurance.

7. Mr. Martinez’ earnings available for his use must be reduced by Social Security and Medicare taxes (7.65%)3 and by federal income taxes. For income tax calculations, RPC has

1 Mr. Martinez’ compensation includes a car allowance of $700 per month. Income tax filings from 2003 forward, prepared by a CPA, itemize deductions and state $-0- for business expenses each year. Therefore we have made no deduction from his compensation for car expenses, or for any other business expenses. 2 A 2% administrative fee is deducted from the total COBRA payment, the maximum that a company may charge a former employee for continuation of benefits. RPC assumed XYZ Company charged the maximum fee. 3 Social Security taxes were temporarily reduced by 2.00% in 2011, so the Social Security/Medicare reduction for 2011 is 5.65%.

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Ray Martinez Economic Damages Report Page 3 of 4

August 12, 2011 assumed that Mr. Martinez’ tax status would continue as married, filing jointly. The resulting effective federal tax rates are 14.0%-14.3% (10.1% the year that Mr. Martinez retires).

8. For future years, the annual wages and benefits are adjusted for wage growth using the intermediate annual wage growth rates published by the Social Security Administration (SSA).4 Figure 3 details the wage growth calculations. Additionally, future earnings must be adjusted by the annual probabilities that, but for the injury that is the subject of this litigation, Mr. Martinez would be alive, able to work, and employed. RPC derived the probability of being alive from life expectancy tables produced by the National Center for Health Statistics showing the mortality experience of hypothetical persons born in the same year (Figure 4).5 The probability of being able to work was calculated by RPC using data from the National Health Interview Survey (Figure 5).6 RPC derived the probability of being employed from employment statistics published by the BLS (Figure 6).7 Figure 7 presents the adjusted future value of Mr. Martinez’ pre-injury earning capacity, assuming Mr. Martinez continued to work until age 66, when he is eligible for full Social Security retirement benefits.

Social Security Retirement Benefits

9. How much a person earns and reports during his working life determines the amount of Social Security retirement benefits the person receives. At the time this report was prepared, RPC had not yet received Mr. Martinez’ Social Security earnings statement. For earnings subsequent to the date of Mr. Martinez’ stroke, RPC used projected earnings as adjusted, described above. W-2s from XYZ Company provided information for 2003-2007. For the period from June 1989 through 2002, RPC estimated Mr. Martinez’ compensation using XYZ Company base pay amounts, adjusting 1996-2002 (when Mr. Martinez’ held the position of Operations Manager) to include the average incentive pay percentage above base pay he received as Operations Manager from 2003-2007. For periods prior to his employment at XYZ Company, RPC estimated annual pay based on the work and earnings history Mr. Martinez included in his job application at XYZ Company.8

10. Mr. Martinez’ Social Security benefits have been estimated with the SSA’s on-line model, using the information described above and RPC’s earnings projections. Figure 8 presents the results of the SSA’s online model assuming Mr. Martinez continued to work until age 66,

4 OASDI Trustees Report, May 13, 2011, Table V. B1 5 National Center for Health Statistics, United States Life Tables by Hispanic Origin, 2006, Series 2, No. 152, October, 2010 6 Centers for Disease Control and Prevention, National Center for Health Statistics, National Health Interview Survey, 2010 7 BLS, Household Data Annual Averages, Employment status of the civilian noninstitutional population by age, sex, and race, 1984-2010; BLS, Labor Force Statistics from the Current Population Survey, Unemployment Rate, 1984-2010 8 Since the purpose of the calculations is to estimate the difference in Social Security benefits pre- and post-stroke, not the exact amount of benefits, and since the only difference in the compensation amounts used in the two estimates are future projected earnings, this will provide a reasonable estimate of the difference in Social Security benefits.

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Ray Martinez Economic Damages Report Page 4 of 4

August 12, 2011 when he is eligible for full Social Security retirement benefits. Figure 8 presents the results of the SSA’s online model, post-injury, assuming Mr. Martinez is unable to work in the future.

11. Social Security retirement benefits are adjusted for inflation using the intermediate forecast of the Consumer Price Index (CPI) published by the SSA.9 Social Security benefits must also be adjusted by the probability that Mr. Martinez would be alive, calculated in Figure 4. Figure 10 calculates lost future Social Security retirement benefits, and adjusts that difference for inflation and the probability that Mr. Martinez will be alive to receive Social Security retirement benefits.

Present Value Calculations

12. Based on Ms. Turner’s Vocational Assessment, Mr. Martinez has no future earning capacity at this time. Therefore, his lost earning capacity equals his future earning capacity had the stroke not occurred. Lost earning capacity and Social Security benefits have been calculated in future dollars. Future payments must be discounted to their present value, taking into account the time value of money. Present value is calculated by applying a “real” interest rate to the projected future payments. The “real” interest rate is calculated as the difference between a risk-free interest rate and inflation, or the average amount one could earn above the inflation rate.

13. From 1960 to 2010 the real interest rate, as opposed to the nominal interest rate, averaged 1.14%. To estimate the real interest rate, RPC used the annual average interest rate earned on three-month Treasury bills and the annual rate of increase in the Consumer Price Index published by the Bureau of Labor Statistics. As shown in Figure 11, from 1960 to 2010, the real risk-free interest rate averaged 1.14%. For the expected future inflation rate, RPC used the intermediate forecast of the SSA, which ranges from 1.7% to 2.8% from 2012 to 2054. This gives us discount rates ranging from 2.86% to 3.97% from 2012 to 2054. These calculations are presented in Figure 12.

14. Figure 13, as shown in Attachment 4, presents the present value calculations of lost earning capacity economic damages due to the injury to Mr. Martinez, assuming he retires at age 66: $1,199,753. Retirement at a later age would increase this category of damages. For the Firm, Ronald T. Luke, JD, Ph.D.

9 OASDI Trustees Report, May 13, 2011, Table V. B1

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Attachment 1

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RONALD T. LUKE, JD, Ph.D.

October 2010

EDUCATION Harvard University, John F. Kennedy School of Government Doctor of Philosophy in Public Policy, 1975

The University of Texas at Austin, School of Law Doctor of Jurisprudence, 1974

Harvard University, John F. Kennedy School of Government Master of Public Policy, 1972 National Science Foundation Fellow in Economics, 1970 - 1972

Harvard University Bachelor of Arts in Social Studies, Magna Cum Laude, 1970 Phi Beta Kappa, 1970 PROFESSIONAL EXPERIENCE RESEARCH & PLANNING CONSULTANTS (RPC), Austin, Texas President (1979 - Present) Vice President of Operations (1976 - 1979)

RPC provides economic and public policy analysis to public and private sector clients nationwide.

In the area of health care consulting, RPC assists health care providers in completing and reviewing Certificate of Need (CON) applications. For both applicants and opponents, Dr. Luke directs the preparation of the health care studies and has presented expert testimony before regional and state health facilities and commissions in CON hearings in more than 20 states.

Under Dr. Luke's direction, RPC also prepares strategic plans, financial feasibility studies and market research for general and specialty hospitals, nursing homes, managed care organizations and multi-specialty physician clinics. These studies are utilized for business planning and for litigation support. His areas of expertise include health planning, health finance and market research.

Several of these studies have formed the basis for testimony before courts, administrative agencies and legislative committees. Dr. Luke has also testified in federal and state courts on health care matters including anti-trust, billing fraud and abuse, medical staff credentialing and physician contracts. In the course of providing this testimony, Dr. Luke has been accepted as an expert in demography, economics, statistics, market research, socioeconomic impact analysis, health planning, land use planning and financial analysis.

A substantial part of Dr. Luke's experience has been the development of RPC as an inter-disciplinary firm providing marketing, economic and public policy studies. The firm has offices in Austin and Atlanta. It also maintains a network of consulting associates throughout the country. As President and owner, Dr. Luke is responsible for supervision of RPC's professional staff and for maintaining high standards for the firm's work products.

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RONALD T. LUKE, JD, Ph.D.

October 2010

FORTE, INC., Austin, Texas President (1986 - 2005) In 1986 Dr. Luke established Forté to provide health cost management services, with special attention to workers' compensation medical care. Forté provides medical bill review and utilization review services nationwide and case management services in Texas. Forté’s clients are insurers and self-insured employers. In June 2005, Forté was sold to a national insurance broker. GULF COAST REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER, Galveston, Texas Director of Administrative Services (1974 - 1976) While preparing his dissertation, Dr. Luke was a consultant to the Gulf Coast Regional Mental Health and Mental Retardation Center on the development of alternatives to state institutions. After completing his degrees, he became Director of Administrative Services for the Center with responsibility for planning, financial management and management information systems. AFFILIATIONS AND PUBLIC SERVICE • State Bar of Texas • American Bar Association • National Health Lawyers Association • National Association of Forensic Economists • Texas Health Care Information Council, Member and Committee Chair • Austin-Travis County Mental Health Mental Retardation Center, Board of Directors • Samaritan Counseling Center, Board of Directors • Easter Seals Central Texas, Officer and Director • Texas Department of Insurance, Utilization Review Advisory Committee, Member and Chair • Texas Business Group on Health, Board of Directors • Texas Association of Business, Board of Directors, Chair Health Policy Committee • Texas Health and Human Services Council, Member • Texas Health and Human Services Commission, Integrated Care Management Advisory

Committee, Vice Chair TEACHING IN HIGHER EDUCATION Dr. Luke taught courses on public finance and policy analysis utilizing health care case studies at University of Texas at Austin Business School (1978) and University of Houston at Clear Lake City (1975).

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RONALD T. LUKE, JD, Ph.D.

October 2010

REPRESENTATIVE PROJECTS Certificate of Need • Provided services on Certificate of Need (CON) applications in the following states: Florida,

Georgia, North Carolina, South Carolina, Mississippi, Alabama, Virginia, Delaware, Pennsylvania, New Jersey, New York, Rhode Island, Connecticut, Vermont, Ohio, Indiana, Illinois, Kentucky, Tennessee, Arkansas, Texas, Oklahoma, Missouri, Kansas, Iowa, Nebraska, South Dakota, North Dakota, New Mexico, Colorado, Arizona, Alaska, Washington, and California.

• Analyzed the impact of state CON laws in controlling health care costs and the need for

continuation of state CON laws and testified before legislative committees in several states. • Prepared studies regarding the revision of CON rules in Georgia and Florida. Business and Strategic Planning • Prepared utilization projections as part of a financial feasibility study for a proton beam

radiation therapy facility • Prepared a feasibility study for a new community hospital in the Rio Grande Valley as part of

a federal mortgage insurance application. • Conducted strategic planning studies on the financial feasibility of women’s specialty

hospitals for a Tennessee health system. • Providing ongoing strategic planning services on product line planning for a North Carolina

health system. • Performed strategic planning studies on the future development of therapeutic wilderness

camping programs for a Florida foundation. • Prepared a feasibility study for development of nursing facilities in conjunction with existing

retirement facilities for a Texas non-profit hospital. • Developed strategic plans for Texas hospitals including extensive survey research and

facilitation of the process at the board level. • Conducted market research to guide the development of point-of-service managed care

products for a Minnesota health maintenance organization. • Researched markets to guide the types of real estate to be developed as part of an integrated

medical center campus in Texas. • Conducted market research and financial feasibility studies on the development of new

general hospitals in Florida.

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RONALD T. LUKE, JD, Ph.D.

October 2010

• Completed market and financial feasibility studies for continuing care retirement centers in

Texas and Arkansas. • Conducted strategic planning studies for community mental health centers in Florida and

Texas. • Developed alternatives for a Florida hospital to respond to the development of Medicaid

health maintenance organizations in Florida. Public Policy Studies • Analyze opportunities for improvement of safety and return-to-work practices in Texas for

the Research & Oversight Council on Workers’ Compensation.

• Participating in the development of proposed legislation requiring prospective and sunset analysis of health insurance mandates at the request of the co-chairs of the Joint Interim Committee on Health Care Mandates.

• Analyzed the public costs and benefits of a proposed physician anti-trust exemption for the

Texas Association of Health Plans. • Analyzed the procedural adequacy of rules proposed by the Texas State Board of Pharmacy

to restrict substitution of generic drugs for a generic drug manufacturer. • Managed a study on the impact of state mandates of health insurance benefits on the percent

of people uninsured and alternatives for analysis of mandate proposals for the Health Partners Task Force of the Texas Association of Business and Chambers of Commerce.

• Determined the adequacy of payments to hospitals for inpatient services by workers’

compensation insurance companies under the Texas Workers’ Compensation Act for the Texas Association of Business and chambers of Commerce.

• Analyzed the adequacy of patient protections for persons enrolled in managed care plans and

the cost of an “any willing provider” mandate for the Tennessee Legislature. • Developed proposed rules and procedures for implementation of a hospital discharge data

system for the Texas Health Care Information Council. • Analyzed pharmacy benefits under the TennCare program for the Tennessee Legislature. • Testified on behalf of the State of Texas regarding the reasonableness and financial impact of

the Texas Workers' Compensation Commission 1992 hospital fee schedule and 2002 Medical Fee Guideline in litigation challenging its adoption.

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RONALD T. LUKE, JD, Ph.D.

October 2010

• Assisted the Texas Attorney General's Office in the investigation of business practices of psychiatric hospital companies in Texas and on the development of settlement agreements and legislative proposals.

• Prepared performance reviews, service inventories and recommendations to the Texas

Legislature on state agencies serving the visually handicapped in Texas for the Governor's Coordinating Office for the Visually Handicapped.

• Prepared studies of contracting practices and management information systems regarding

community mental health centers for the Florida Department of Health and Rehabilitative Services.

• Consulted the Texas Business Group on Health on development of legislation creating a

public health database for the State of Texas and its participation in negotiations on the legislation with affected interest groups.

• Studied the reasonableness of several versions of the Texas Workers' Compensation

Commission schedule for physical therapy fees relative to fees for other medical services for the Texas Physical Therapy Association.

• Developed draft rules for the American Insurance Association and the Association of

American Insurers on alternative hospital fee schedules for use by the Texas Industrial Accident Board.

Litigation Support • Determined the rate of payment to which health care facilities are entitled for services to

workers’ compensation patients under the Texas statute in the absence of a valid rule establishing a fee guideline.

• Determined the interest payments owed health care providers by an insurance carrier under

rules of the Texas Workers’ Compensation Commission. • Established product and geographic market definition and demonstrate the defendant had

market power that it was using to compel managed care plans to exclude a hospital from provider networks in a state anti-trust action.

• Established product and geographic market definition and demonstrate the defendant had

market power to force employers to exclude a health care provider from their provider networks in a federal anti-trust action.

• Determined the damages to a physician group due to a hospital’s breach of contract and

fiduciary duties regarding a managed care joint venture.

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RONALD T. LUKE, JD, Ph.D.

October 2010

• Determined the damages to physicians from loss of hospital privileges or closure of hospital-

based programs. • Determined the damages suffered by a psychiatric practice group due to unlawful conversion

of a long-term psychiatric hospital to short-term programs. • Assessed the damages to a neurosurgeon's income caused by a hospital management

company's failure to fulfill its recruitment agreement. • Evaluated the damages to a household from the loss of health insurance due to inappropriate

business practices of an insurance company in managing risk pools. • Determined the relevant market areas, market size and market shares for cardiology and

cardiovascular surgery services for a defendant hospital in anti-trust litigation regarding medical staff privileges.

• Analyzed discrimination in payment of charges, the market area and the availability of

competing hospitals for defendant insurance companies and hospital in anti-trust litigation. • Determined the damages to third-party payers from improper billing practices of a revenue

enhancement firm for the Texas Attorney General's Office. • Determined the damages to a hospital from the breech of a non-competition agreement by the

purchaser of a long-term psychiatric hospital.

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MARY L. HOANE, CPA/CFF, MBA

December 2009

EDUCATION/CREDENTIALS University of Iowa, Iowa City, IA Master of Business Administration (concentration in Finance) Augustana College, Rock Island, IL

Bachelor of Arts, Magna Cum Laude Double major in Business Administration and French

Certified Public Accountant (CPA), licensed in the state of Texas AICPA Certified in Financial Forensics (CFF) PROFESSIONAL EXPERIENCE

RESEARCH & PLANNING CONSULTANTS, Austin, TX Financial Consultant (1996 – Present)

Health Care Consulting • Preparation of reports on commercial damages related to health care industry

litigation • Planning and feasibility analysis • Analysis of issues and agreements related to reimbursement services

Litigation Support • Analysis of lost earnings capacity for personal injury and wrongful death cases • Research and analysis of economic damages in business investment with comments

on opposing side’s expert reports • Economic and financial analysis of reports for administrative proceedings Certificate of Need • Preparation of financial schedules and assumptions

POWER COMPUTING CORPORATION, Round Rock, TX Accounting Manager (1995 – 1996)

• Managed general ledger, accounts payable, credit, and accounts receivable for this

computer manufacturer

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MARY L. HOANE, CPA/CFF, MBA

December 2009

THOMAS-CONRAD CORPORATION, Austin, TX Credit and Financial Planning Manager (1994 – 1995)

• Credit manager of >$5M in receivables for this manufacturer of computer network

management and networking hardware products • Responsible for cash flow forecasts, ROI analysis for new product development and

annual budget process SUMMAGRAPHICS CORPORATION, Austin, TX Division Controller (1984 – 1992)

• Managed general ledger, payroll, credit and accounts receivable, accounts payable, cost accounting, financial planning and analysis, and fixed assets for this manufacturer of computer graphics equipment

• Previously as Manager of Financial Reporting, Analysis, and Planning, coordinated annual budget process and ROI analysis for new product development

QUAD-CITIES FIRST COMPANY, Rock Island, IL Assistant Auditor (1974 – 1984)

• Created and implemented internal audit programs for commercial banks and trust department of this bank holding company

PROFESSIONAL AFFILIATIONS Healthcare Financial Management Association Texas Society of Certified Public Accountants

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KACY L. TURNER, MS, CRC, CVE, CLCP

Research & Planning Consultants, L.P. 505 East Huntland Drive, Suite 270 · Austin, Texas 78752

Phone: 512-371-8000 · Fax: 512-371-8001 www.rpcconsulting.com

EDUCATION/CERTIFICATIONS University of Florida, Gainesville, FL Certificate in Life Care Planning

West Virginia University, Morgantown, WV Master of Science in Rehabilitation Counseling with specialization in Vocational Evaluation

Bachelor of Science in Recreation and Parks Management with specialization in Therapeutic Recreation

Certified Rehabilitation Counselor, 00007772, 1990-Present Certified Vocational Evaluator, 00007772, 1991-Present Certified Life Care Planner, 1013, 2009-Present

PROFESSIONAL EXPERIENCE RESEARCH AND PLANNING CONSULTANTS, Dallas, TX Consulting Associate (June 2005- Present)

Provide vocational expert analysis/reports/testimony Provide life care planning services/testimony.

PATE REHABILITATION, Dallas, TX Case Manager (June 1, 2009- June 30, 2010)

Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs.

Secured precertification from various insurance companies, Workers’ Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources.

Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training.

GENTIVA REHAB WITHOUT WALLS, Irving, TX Clinical Coordinator (July 2007- July 2009)

Case management duties for in-home multidisciplinary neurorehabilitation for patients with traumatic brain injuries, spinal cord injuries and other neurological disorders.

Coordinated team of therapists, physician and outside case managers and referral sources and requested continuing pre authorization of services.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 2 of 4March 16, 2011

• Assisted with community referrals to Texas Department of Assistive and Rehabilitative

Services and Texas Workforce Commission as well as outpatient therapies and Social Security as needed.

• Vocational counseling for return to work.

NEW BEGINNINGS VOCATIONAL REHAB SERVICES, INC., Allen, TX Self-Employed Vocational Consultant (June 2002 – June 2010)

• Contract medical and vocational case management services for Workers’ Compensation, Longshore, Long Term Disability and Disability Insurance clients.

• Provided transferable skills analysis, job-seeking skills training, resume writing, job accommodations and counseling services.

• Assisted with community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission as well as outpatient physical therapy, pain management, functional capacities evaluations and work hardening as needed.

• Provided comprehensive vocational evaluations and vocational assessments. • Contract vocational rehabilitation counselor for Union Pacific Railroad.

SANTE REHABILITATION, Irving, TX Case Manager/IR Program Coordinator (March 2005 – February 2006)

• Responsible for case management process of work hardening, work conditioning and pain management clients. Coordinate Industrial Rehabilitation program between five CARF- and JCAHO-accredited sites. Provided vocational counseling and guidance with emphasis on return to work.

MEDINSIGHTS, Houston, TX Vocational Consultant (January 2002 - August 2005)

• Responsible for vocational case management of Workers’ Compensation clients. • Provided transferable skills analysis, job seeking skills training, resume writing,

vocational evaluation and counseling. • Assisted with community referrals to Texas Department of Assistive and Rehabilitative

Services and Texas Workforce Commission as well as outpatient physical therapy, functional capacities evaluations, and work hardening as needed.

RESOURCE OPPORTUNITIES, INC., Dallas, TX District Manager (April 2000 - December 2001)

• Responsible for North Texas territory and supervision of seven staff employees. • Marketing in North/East Texas. • Completed hiring, training, termination and performance reviews. • Tracked monthly revenue and billing. • Responsible for accounts receivable and collections. • Provided vocational case management.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 3 of 4March 16, 2011

Vocational Case Manager

• Developed caseload for vocational case management in North/East Texas territory. • Provided initial assessments, vocational evaluations/testing, resume development, job

placement and community referrals to Texas Department of Assistive and Rehabilitative Services and Texas Workforce Commission.

• Marketing of vocational services including vocational seminar for adjusters with adjuster license credit.

PATE REHABILITATION, Dallas, TX Case Manager (May 1999 - April 2000)

• Coordination and case management for brain injured adults in a post acute inpatient and outpatient treatment programs.

• Secured precertification from various insurance companies, Workers’ Compensation, trust funds, Texas Department of Assistive and Rehabilitative Services and Division of Blind Services, and private pay sources.

• Coordinated all services during treatment and made appropriate community referrals. Maintained contact with payor source, families, physicians and therapists and provided adjustment counseling and family training.

SELF-EMPLOYED, Dallas, TX

Vocational Consultant (March 1999 - May 1999)

• Contracted as vocational consultant providing assessments for individual clients for Dr. Jack G. Dial, licensed psychologist. Testing included McCarron-Dial System, aptitude, academic, achievement, physical capacity and interest inventories.

BLUE RIDGE REHABILITATION SERVICES, Martinsburg, WV Vocational Case Manager/Vocational Evaluator (August 1998 - February 1999)

• Contracted as Day Program Coordinator for Learning Services Corp. Responsible for designing and implementing a day program curriculum for adult population with brain injuries. This program encompassed daily living skills, cognitive stimulation, social skills training, awareness of disability, time/money/home management, recreation/leisure skills, community reentry, and vocational assessment and placement. The day program included residential clients as well as outpatient clients from the surrounding community.

• Responsible for marketing of company for expansion in Richmond, Virginia, and evaluation of Workers’ Compensation clients to determine potential for return to work, vocational training, transferable skills and lost wages.

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KACY L. TURNER, MS, CRC, CVE, CLCP

Page 4 of 4March 16, 2011

VIRGINIA DEPARTMENT FOR THE VISUALLY HANDICAPPED, Richmond, VA Rehabilitation Vocational Evaluator, Virginia Rehabilitation Center for the Blind (August 1991-

July 1998)

• Managed and coordinated a caseload of blind/visually impaired clients. • Counseled clients on personal adjustment, reasonable accommodation, job-related issues

and personal concerns. • Organized and coordinated client staffings with other personnel to report progress and

final recommendations. • Referred clients to community services and programs when necessary. • Administered individual aptitude, interest and physical capacity tests to assess clients’

vocational potential. • Completed transferable skills analysis when appropriate. • Assessed clients’ communication skills in order to accommodate their needs during the

evaluation process. • Provided recommendations regarding vocational potential and potential for college or

vocational training. • Organized, developed and taught job readiness class including job-seeking skills, resume

writing and mock interviews.

AFFILIATIONS

International Association of Rehabilitation Professionals (IARP)

International Association of Life Care Planners (IALCP)

Texas Association of Rehabilitation Professionals and Providers of Services (TARPPS) Secretary 2009-2010

Vocational Evaluation and Career Assessment Professionals (VECAP) PRESENTATIONS Texas Association of Rehabilitation Professionals and Providers of Services Labor Market Surveys, May 14, 2004 Alternative Rehabilitation Specialization Areas-Vocational Evaluation, June 6, 2006

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Attachment 2

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26 CFR 601.602: Tax forms and instructions. Part III. Administrative, Procedural and Miscellaneous. Income Tax Rates. 2011. 8 pages

Board of Trustees, Federal Old-Age and Survivors Insurance and Federal Disability

Insurance Trust Funds. 2011 Annual Report. Assumptions and Methods. Pages 98 & 104

Brown, Mark, MD. Disability Status Update. April 12, 2011. 3 pages Depositions ……. Laura Martinez. May 4, 2011. 120 pages ……. Carlos Martinez. May 4, 2011. 97 pages Employment Records: ……. XYZ Company, L.P., Dallas, Texas. All records pertaining to the employment of

Carlos Martinez. May 7, 2011. 424 pages Medical Information

……. Owens, Peter M., M.D. Southern Medical Center. Discharge Summary. August 22, 2008. 2 pages

……. Discharge Summary. September 19, 2008. 1 page ……. Discharge Summary. October 11, 2008. 2 pages ……. Discharge Summary. October 4, 2008. 3 pages ……. Progress Note. September 21, 2010. 53 pages

……. Claimant’s Supplemental Disability Statement. January 19, 2009. 2 pages ……. Southern Medical Center. Medical and Healthcare Records from July 18, 2008

to June 10, 2009. 240 pages Smithson, Robert V., Attorney at Law. Plaintiffs’ Notice of Videotape Deposition Duces

Tecum. June 23, 2011. 3 pages ……. Information about Carlos Martinez. 3 pages Tax Records

……. U.S. Individual Income Tax Return. Carlos Flores and Laura Flores. 2003. February 7, 2004. 4 pages

……. 2004. February 10, 2005. 7 pages ……. 2005. March 11, 2006. 11 pages ……. 2006. April 14, 2007. 16 pages ……. 2007. April 7, 2008. 12 pages ……. 2008. July 18, 2009. 12 pages ……. 2009. September 7, 2010. 12 pages

……. 2010. April 12, 2011. 11 pages Texas Medical Center. Austin, Texas. Abstract. NCBH3. 1 page ……. Speech Therapy Bedside Swallowing Evaluation. July 7, 2008. 18 pages U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population

Survey, Unemployment Rate. 1984-2010. www.bls.gov

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……. Databases & Tools. Consumer Price Index. All Urban Consumers. 1960-2011. Downloaded August 8, 2011. 3 pages

U.S. Department of Health and Human Services, Centers for Disease Control and

Prevention. National Center for Health Statistics. National Health Interview Survey. NHIS Questionnaire, Family Health Status & Limitations. April 16, 2011. Page 6 of 65 ……. Vital and Health Statistics. United States Life Tables for Hispanic Origin. Series

2, Number 152. Tables 2 & 3. 5 pages U.S. Department of Labor. Bureau of Labor Statistics. Household Data Annual Averages,

Employment Status of the Civilian Noninstitutional Population by Age, Sex, and Race. 1984-2010. www.bls.gov

U.S. Internal Revenue Service. Revenue Procedure 2009-50. 2010 Individual Income Tax

Rates, Standard Deductions, Personal Exemptions, and Filing Thresholds. http://www.irs.gov/pub/irs-drop/rp-09-50.pdf. October 26, 2009. 5 pages

U.S. Social Security Online. Office of the Chief Actuary. Benefit Calculator for

Computation of Benefits. http://www.ssa.gov/oact/anypia/anypia.html. Downloaded August 4, 2011. 2 pages ……. Retirement Planner for computation of Retirement Benefits.

http://www.ssa.gov/retire2/agereduction.htm. 2 pages U.S. Treasury Direct, Historical Auction Query,

www.treasurydirect.gov/instit/annceresult/query/query.htm

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Attachment 3

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Research & Planning Consultants, L.P.

505 East Huntland Drive, Suite 270 · Austin, Texas 78752 Phone: 512-371-8000 · Fax: 512-371-8001

www.rpcconsulting.com

Sample Report

Vocational Assessment

This Sample Report is a redacted version of an actual RPC report. Names of all individuals including parties to the

lawsuit, physicians, and others have been changed, as have dates and other details.

Carlos Martinez August 10, 2011

Research & Planning Consultants, L.P. (“RPC”) was retained to provide an analysis of the damages to Carlos Martinez including a Vocational Assessment. This report is the vocational assessment for Mr. Martinez and addresses his future earning capacity. This report is not intended to cover all damages for Mr. Martinez.

2. This expert report was prepared by Kacy L. Turner, M.S., CRC, CVE, CLCP. A curriculum vita is included in Attachment 1. Attachment 2 to this report lists the documents that were reviewed and relied upon in the preparation of this report. Attachment 3 contains the Transferrable Skills Analysis report for Mr. Martinez. Should additional documents or information become available, RPC reserves the right to amend this report.

3. Mr. Carlos Martinez is a Hispanic male who was born on June 25, 1954, and is currently fifty-seven years old. Mr. Martinez is married and currently lives in Austin, Texas. On July 5, 2008, Mr. Martinez reported to his wife that his heart felt like it was racing and that he did not feel well. Mrs. Martinez took Mr. Martinez to the Emergency Room at Texas Medical Center. According to Mrs. Martinez, Mr. Martinez was in atrial fibrillation1 and it was determined that he needed an implantable cardioverter defibrillator (ICD).2 Prior to the placement of the ICD, Mr. Martinez suffered a stroke.3 Mr. Martinez was diagnosed with a cerebral embolism with cerebral infarction,4 resulting in hemiplegia and hemiparesis as well as

1 “Atrial fibrillation (AF or A-fib) is the most common cardiac arrhythmia (abnormal heart rhythm), and involves the two upper chambers (atria) of the heart. Its name comes from the fibrillating (i.e., quivering) of the heart muscles of the atria, instead of a coordinated contraction.” Website: http://en.wikipedia.org/wiki/Atrial_fibrillation 2 “An ICD is a specialized device designed to directly treat a cardiac tachydysrhythmia.” Website: http://emedicine.medscape.com/article/780825-overview 3 Personal Interview with Mr. and Mr. Martinez, July 29, 2011 4 Website: http://medical-dictionary.thefreedictionary.com/Cerebral+infarct

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aphasia.5 He also suffered pulmonary collapse and was diagnosed with an arterial embolism6 or thrombosis of the lower extremity. He was also diagnosed with primary cardiomyopathies, facial weakness, speech disturbance, dysphagia,7 and unspecified atherosclerosis of native arteries of the extremities. Mr. Martinez underwent a left heart cardiac catheterization, coronary arteriography, angiocardiography of the left heart structures, speech training and therapy, physical therapy and occupational therapy. He was discharged on July 18, 2008.8

4. Mr. Martinez was admitted to Southern Medical Center Rehabilitation (“SMCR”) on July 19, 2008 for inpatient rehabilitation. Mr. Martinez was admitted with a diagnosis of left acute Cerebral Vascular Accident (CVA) or stroke with right hemiparesis, aphasia, hypertension.9 He participated in physical, occupational and speech therapies. Mr. Martinez continued with therapy until August 13, 2008, when he was transferred to Good Shepherd Hospital for treatment of the DVT.10

5. On August 26, 2008, Mr. Martinez was transferred back to SMCR for continued rehabilitation after placement of an Inferior Vena Cava (IVC) filter11 for the DVT to prevent a blood clot. During his therapy, he experienced symptoms associated with increased heart rate. As a result, Mr. Martinez was transferred to AusTex Hospital on August 28, 2008, to be evaluated by Dr. Thomas R. Parker, who is board certified in internal medicine, cardiac electrophysiology and cardiovascular disease.12,13

6. Mr. Martinez returned to SMCR on August 31, 2008, for continued inpatient rehabilitation for his stroke. He continued to make improvements and was discharged to the transitional living program at SMCR14 on September 18, 2008. At the time of his discharge on October 3, 2008, Mr. Martinez had made steady progress. He was able to ambulate with a cane but required assistance for curbs and balance. He was independent with his eating and grooming and still required assistance with bathing and dressing. Mr. Martinez continued to experience deficits with cognitive skills such as decreased attention, poor memory, decreased problem solving and difficulty with comprehension. It was recommended that he transition to outpatient physical therapy, occupational therapy and speech therapy at SMCR.15

5 “Aphasia is condition characterized by either partial or total loss of the ability to communicate verbally or using written words.” Website: http://medical-dictionary.thefreedictionary.com/aphasia 6 “An embolus is a blood clot, bit of tissue or tumor, gas bubble, or other foreign body that circulates in the blood stream until it becomes stuck in a blood vessel.” Website: http://medical-dictionary.thefreedictionary.com/arterial+embolism 7 “Difficulty in swallowing or inability to swallow.” Website: http://medical-dictionary.thefreedictionary.com/dysphagia 8 Texas Medical Center, Abstract, July, 18, 2008 9 “Deep vein thrombosis (DVT) is a blood clot (thrombus) in a deep vein, usually in the legs.” Website: http://www.webmd.com/dvt/tc/deep-vein-thrombosis-topic-overview 10 Southern Medical Center Rehabilitation, Discharge Summary, August 13, 2008, page 1 11 “An inferior vena cava filter, also IVC filter or Greenfield Filter a type of vascular filter, is a medical device that is implanted by interventional radiologists or vascular surgeons into the inferior vena cava to prevent fatal pulmonary emboli.” Website: http://en.wikipedia.org/wiki/Inferior_vena_cava_filter 12 Website: http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp?ID_NUM=506888&Type=LP&LicensePermit=L9999 13 Southern Medical Center Rehabilitation, Discharge Summary, August 28, 2008, page 1 14 Southern Medical Center Rehabilitation, Discharge Summary, September 18, 2008 15 Southern Medical Center Rehabilitation, Discharge Summary, October 3, 2008

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7. Mrs. Martinez reported that Mr. Martinez received therapy for approximately one year after the stroke. There were times when the insurance company denied therapy services. During those times, Mrs. Martinez hired personal trainers to work with Mr. Martinez to keep up his strength and endurance. Mrs. Martinez also reported that Mr. Martinez underwent placement of a pacemaker in January 2009.

8. Personal Interview: I conducted an in-person clinical interview on July 29, 2011, with Mr. Martinez at his home in Austin, Texas. Mrs. Martinez was also present for the interview to assist with medical and personal information due to Mr. Martinez’ memory deficits.

9. Mr. and Mrs. Martinez live in a one-story home in Austin, Texas and have been there since 2002. Mr. Martinez has one grown child; however, she has her own family and is unable to assist Mr. Martinez. Mrs. Martinez stated that Mr. Martinez has cut off contact with his family since the stroke and does not want to burden them with his medical concerns. Mrs. Martinez has no children.

10. Mr. Martinez has completed his therapies and is currently maintaining his strength and endurance with a home exercise program. Mr. Martinez stated that he walks every other day and is able to go around his neighborhood block. He reports that he is using an ankle foot orthosis16 (AFO) on his right ankle to increase stability when he walks. Mr. Martinez has a foot drop17 due to residual weakness from the stroke. Mrs. Martinez stated that Mr. Martinez continues to have some instability when walking on uneven surfaces and uses his cane for these occasions. Mr. Martinez also has some residual weakness and paralysis in his right arm and hand. He is unable to reach above shoulder level and his fine motor skills in his right had are significantly decreased. Mr. Martinez was right handed prior to the stroke and is unable to write with that hand. He is trying to learn how to write left handed. He has had to learn to do many things with his left hand which causes him to be much slower at completing tasks.

11. Mr. Martinez reported that he is independent with his activities of daily living such as bathing, grooming and dressing although it takes additional time. Mr. and Mrs. Martinez have a walk in shower which makes showering more manageable as he does not have to step into a tub. He does not use a shower chair nor do they have any grab bars for safety in the shower or by the toilet.

12. Mrs. Martinez stated that they have had to make many adjustments to their life due to the residual deficits from the stroke. Mr. Martinez used to be very knowledgeable with computer programs and email and used to help Mrs. Martinez with saving documents, researching on the Internet, etc. Mrs. Martinez reported that Mr. Martinez never uses the computer, is unable to assist her with any programs and is unable to remember the sequence to save a document. She reported that now they have been getting assistance from her family with the computer.

13. Mrs. Martinez stated that Mr. Martinez is no longer able to climb the ladder to the attic and all of the Christmas decorations must now be stored in their garage. Mr. Martinez is unable to change light bulbs, smoke detector batteries or air filters due to his decreased balance. Prior to

16 “A brace (usually plastic) worn on the lower leg and foot to support the ankle, hold the foot and ankle in the correct position, and correct foot-drop. Abbreviated AFO. Also known as a foot-drop brace. Website: http://www.medterms.com/script/main/art.asp?articlekey=2262 17 “Foot drop describes the inability to raise the front part of the foot due to weakness or paralysis of the muscles that lift the foot.” Website: http://www.ninds.nih.gov/disorders/foot_drop/foot_drop.htm

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the stroke, Mr. Martinez was responsible for all of the yard work, and now is incapable of physically pushing the mower or operating other yard equipment.

14. Mr. and Mrs. Martinez own two rental properties that Mrs. Martinez manages. Mr. Martinez was responsible for the basic maintenance of these properties, but is no longer able to perform these duties. Mrs. Martinez must rely on her family to help or hire someone to complete the tasks.

15. Mrs. Martinez stated that they used to go out to dinner regularly and sometimes went dancing. Mr. Martinez is unable to tolerate crowds and public places so they have no social life. Mrs. Martinez’ family used to come to visit and barbeque almost weekly prior to Mr. Martinez’ stroke. She also indicated that she and Mr. Martinez spent a great deal of time with her nieces and nephews and in fact, they practically raised them.18 Since the stroke, Mr. Martinez can’t play sports with them and is also unable to tolerate having them in his home. He is unable to take them to the movies as he becomes frustrated with them. Mrs. Martinez stated that it is very sad and that the children do not understand why their uncle doesn’t want to spend time with them any longer. Mr. Martinez can’t tolerate the noise and distractions when his wife’s family visits for barbeques. He is able to visit with them for a short time and then returns to the house where it is quiet. Prior to the stroke, Mr. and Mrs. Martinez both stated that he would help her with the food preparation and cooking and they would socialize well into the night.

16. Mr. Martinez stated that he goes to bed at 11:00 pm. He is usually up by 5:00 AM and can’t go back to sleep due to pain. He has pain in his right leg and his right arm feels like it is asleep. Due to the pain, he is unable to get comfortable and go back to sleep. He does not have any prescription pain medication and chooses not to take any. Mr. Martinez stated that he takes an hour to an hour and a half nap each day due to fatigue.

17. Mr. Martinez was an avid runner prior to the stroke. He ran every morning and then as he entered his fifties he began running every other day. He used to play golf, tennis and go swimming. Mr. Martinez participated every year in a day long canoeing trip with his employees and traveled extensively for work. He has been unable to participate in any of these hobbies since his stroke in 2008. He stated that currently he enjoys going to the movies and he has been watching television. He is able to help Mrs. Martinez with light housekeeping and laundry. He also helps with preparing meals although he does no cutting or chopping for safety reasons.

Vocational Assessment

18. Mr. Martinez was born and raised in Austin, Texas and graduated from Central High School. He attended the Texas State University for one semester and then quit to get married. He has not received any additional formal education.

19. At the time of the stroke, Mr. Martinez was working for XYZ Company as an operations manager. He began with XYZ Company in June 1989, as a clerk. He was promoted to assistant manager, manager, regional market manager and finally operations manager. As operations manager, he was responsible for over one hundred in Texas, Oklahoma, Kansas, and Missouri. He reported that he worked sixty hours per week, five days per week. At the time of

18 Laura Martinez Deposition, May 10, 2011, page 93

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the stroke, Mr. Martinez had an annual base salary and bonus pay in excess of $100,000.00, and also a car allowance and bonuses based on the performance of the stores in his territory.

20. Prior to working for XYZ Company, Mr. Martinez indicated that he worked for three to four years as a route salesman and district manager for Nehi soda in Austin, Texas. He worked for Coca Cola as a salesman and district manager in Bryan, Texas for one to two years. Mr. Martinez worked for 7-Up in San Antonio, Texas as a truck driver, salesman and district manager until they were sold to Nehi and he was laid off. He then went to work for an independent 7-Up owner and worked for approximately one year as the operations manager. He was unable to recall dates of employment for these jobs.

21. Currently, Mr. Martinez is volunteering for four hours per day, two days per week for the American Heart Association. His duties include answering the telephone, stuffing envelopes and other office activities. Mrs. Martinez reported that it took Mr. Martinez two to three months to learn the telephone extensions of the staff at the American Heart Association. There are approximately eight employees and he used to put calls through to the wrong extension. The American Heart Association was very supportive and accommodating and gave him the time to learn the extensions.

22. Mr. Martinez also volunteers one day per week for three hours at Family Home Shelter. Family Home Shelter coordinates and provides programs for battered women. There is only one person in the office and Mr. Martinez assists her with activities such as filing, stuffing envelopes and other office tasks.

23. On April 12, 2011, Mark Brown, MD, who is board certified in internal medicine,19 stated Mr. Martinez is unable to do any continuous work of any sort that would require the use of his short term memory and any continuous concentration. He states that Mr. Martinez is unable to write or speak fluently. Dr. Brown further indicated that Mr. Martinez is restricted from any climbing, operating heavy machinery and lifting above twenty one pounds. Dr. Brown further certified that Mr. Martinez continues to be unable to work and that his condition will not improve.20

24. Vocational Analysis: According to Best Practices Principles, a vocational evaluator should utilize a variety of methods, tools and approaches to provide accurate vocational evaluations and assessments.21 Vocational assessments focus on the injured person’s interests, aptitudes and physical capabilities along with their established work history.22 A vocational evaluation may be defined as a process to predict or estimate work behaviors and vocational potential through the use of various tests, techniques and procedures. Tests designed to measure the worker’s personality, achievement, intelligence level, vocational aptitude and vocational interests are widely used for diagnostic purposes with injured workers and are invaluable in assessing the feasibility for employment of an injured worker. (Rubin & Roessler, 1987; Power 2000)23

19 Website: http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp?ID_NUM=775294&Type=LP&LicensePermit=M5554 20 Unum Disability Status Update, April 11, 2011 21 CCWAVE Code of Ethics 22 Weed, R. (2004). Life Care Planning and Case Management Handbook, 2nd Edition CRC Press, page 39 23 Weed, R. & Field, T. (2001) Rehabilitation Consultant’s, Revised Edition. Athens, GA: Elliot & Fitzpatrick, Inc.

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25. Prior to the interview, I mailed Mr. Martinez the vocational interest and work values tests with written instructions for completing them. He had difficulty completing the tests and called for additional instructions. Once he was given step by step instructions, he was able to complete the untimed activities. During the clinical interview, Mr. Martinez indicated that he did have some difficulty but did the best he could. The following are his results: The Career Occupational Preference System (COPS) The test is an indicator of an individual’s interests. Mr. Martinez scored the above the average interest in the following categories.

Science- Skilled: Examples of these types of occupations include coroner, dental assistant, dental hygienist, electrocardiograph technician, laboratory assistant, medical assistant, medical technologist, radiation therapy technician, surgical technician, ultrasound technologist, x-ray technician, laboratory tester, land survey technician, mechanical inspector, meter reader, pest controller, pharmacy assistant, quality control coordinator and water treatment plant operator. Consumer Economics: Examples of these types of occupations might include baker, bakery worker, butcher, candy maker, chef, cook, dietitian, food assembler, food service supervisor, inspector, kitchen helper, cafeteria manager, tobacco blender, carpet layer, dry cleaner, embosser, furniture upholsterer, luggage maker, mattress maker, pattern marker, sewing machine operator, tailor and weaver. Outdoor: Examples of these types of occupations might include animal keeper, animal breeder, farmer, flower grower, horse trainer, farm manager, nursery manager, poultry farmer, soil conservationist, tobacco grower, park worker, veterinary assistant, fish and game warden, forester, forest fire fighter, groundskeeper, lawn service worker, miner and wildlife worker. Business- Professional: Examples of these types of occupations include accountant, auditor, budget analyst, computer systems analyst, controller, credit analyst, estate planner, market research analyst, school administrator, bank manager, contract administrator, hospital administrator, job analyst, lawyer, city manager, hotel manager, sales manager, store manager, police commissioner, postmaster, property manager and urban planner. Business- Skilled: Examples of these types of occupations might include sales, promotion and marketing such as accountant, bonding agent, claims adjuster, loan officer, purchasing agent, administrative assistant, automotive service adviser, customer service representative, fund raiser, department manager, real estate agent, insurance sales agent, securities trader and stockbroker. Clerical: Examples of these types of occupations might include admitting officer, bill collector care rental clerk, cashier, counter clerk, credit clerk, dispatcher, hotel clerk, information clerk, receptionist, teller, ticket agent, toll collector, accounting clerk, collection clerk, file clerk, parts clerk, and shipping and receiving clerk. Communication: Examples of these types of occupations might include archivist, copywriter, book editor, news editor, library assistant, media specialist, paralegal assistant, reporter, and story editor.

page 55.

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Service Professional: Examples of these types of occupations might include coach, instructor, occupational therapist, recreational therapist, teacher adult education, art therapist, caseworker, dentist, nurse, physical therapist, physician, police chief, psychiatrist, social worker or substance abuse counselor. Service Skilled: Examples of these types of occupations might include bar tender, checkroom attendant, cosmetologist, counter attendant, day care worker, deliverer, fund raiser, hair stylist, laundry attendant, personal attendant, pet shop attendant, ticker taker, travel agent, ambulance driver, companion, nurse aide, teacher aide, chauffeur, parking lot attendant service station attendant and taxi driver.

Work Values Assessment

The Career Orientation Placement and Evaluation Survey- COPES The COPES is an assessment that measures personal values. It measures those value constructs which have been repeatedly demonstrated through research to reflect major dimensions representing the vocational motivation in the values domain. The following are Mr. Martinez’ preferences for work values.

Investigative: This person values clear cut activities in which they see the concrete results of their work and do not need to solve many complex problems.

Carefree: This type of person values work act ivies where they can be carefree and use their imagination.

Independence: This type of person values activities in which they are relatively free of rules and are not restricted by social obligations.

Leadership: This type of person needs to be seen as important and usually take positions of leadership. They make decisions, direct others and speak for a group. Flexible: This type of person values activities n which they can take things as they come and do note need to keep things orderly. Privacy: This type of person prefers to keep activities private and is not concerned with being considered a famous person. Realistic: This type of person values activities in which they do not rely on aesthetic senses and are not involved with appreciation or artistic qualities. Social: This type of person likes working with people in a friendly situation and likes to help others and work as a team player.

26. Data from Mr. Martinez’ previous employment, education and current physical restrictions was used to complete a Transferable Skills Analysis (TSA) to determine what jobs he might be capable of performing. (See Attachment 3) Mr. Martinez has not completed a functional capacity evaluation to determine his limitations/restrictions. The physical limitations used were those noted by Dr. Brown on April 5, 2011. Additional limitations have been adjusted

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based on Mr. Martinez’ presentation during the clinical interview. See Attachment 3 for further details regarding the TSA.

27. This TSA was performed through SkillTRAN software an Internet-Based Service. In preparing the TSA, I also relied on the print and online versions of the Dictionary of Occupational Titles,24 Classification of Jobs 2000,25 The Transitional Classification of Jobs,26 and the Guide for Occupational Exploration.27

28. SkillTRAN has the capability of comparing thousands of occupations to the current profile of an individual. The results for Mr. Martinez indicated there were twelve directly transferable jobs that he would have transferable skills to perform. The TSA indicated there were no closely related jobs.

“Directly Transferable Occupations are those which share at least one of the 3-digit work fields as known from the past work history and which have at least one of the same 3-digit MPSMS codes from any of the jobs performed in the past. Directly transferable occupations have primary job duties which are very similar to past work and little or no learning of job duties would be anticipated in a new occupation.28”

The following are the twelve directly transferable jobs that were listed for Mr. Martinez.

DOT Code Job Title 169.167-082 Manager, Computer 183.117-010 Manager, Branch 189.117-018 Manager, Customer Technical Service 189.117-034 Vice President 166.167-034 Association Executive 189.117-022 Manager, Industrial Organization 187.117-038 Manager, Hotel or Motel 189.167-022 Manager, Department 169.167-074 Preventive Maintenance Coordinator 189.167-018 Management Trainee 293.157-010 Fund Raiser I29

29. These directly transferable jobs would not be appropriate for Mr. Martinez due to his residual cognitive and physical limitations. These positions are highly skilled and skilled positions which require high level cognitive skills such as planning, organization, concentration and attentions well as the ability to manage or supervise others. At this time, Mr. Martinez is unable to perform those types of duties.

24 Website: http://www.occupationalinfo.org/ Dictionary of Occupational Titles, originally published by the U. S. Department of Labor and Employment and Training Administration 1991, Volume II, Fourth Edition, Revised 1992, 25 Janet E. Field and Timothy F. Field, COJ 2000 with an O*NET 98 Crosswalk, (Elliott and Fitzpatrick, 1995) 26 Janet E. Field and Timothy F. Field, The Transitional Classification of Jobs, 6th Edition (Elliott and Fitzpatrick, 2004) 27 The Complete Guide for Occupational Exploration, 1993 Ed. J. Michael Farr (JIST Works, Inc.) 28SkillTRAN Transferable Skills Analysis Report for Carlos Martinez, August 9, 2011 29 ibid

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30. The TSA identified no closely related occupations but did identity forty-four generally transferable occupations.

“Generally Transferable Occupations are those which share at least one of the 2-digit work fields from the past work history and which involve at least one of the 2-digit MPSMS codes from the past. Two digit coding clusters occupations into generally related groups which may not share the same specific skills as developed in the past. Generally transferable occupations do not include directly or closely transferable titles. Some learning of essential job duties is quite likely to be necessary.”30

The following are examples of the generally transferable occupations.

DOT Code Job Title 163.267-010 Field Representative 274.357-030 Sales Representative, Dairy Supplies 275.357-026 Sales Representative, Hotel & Rest 169.267-018 Financial-Aid Counselor 250.357-026 Sales Agent, Financial-Report Service 251.357-022 Sales Representative, Franchise 254.357-018 Sales Representative, Printing 270.357-010 Sales Representative, Home Furnish 273.357-014 Sales Representative, Automotive- 162.157-038 Purchasing Agent31

31. These generally transferable occupations would also not be appropriate for Mr.

Martinez. Again these positions are highly skilled or skilled jobs that require advance cognitive skills such as planning, organization, memory, communication skills and attention and concentration. For these reasons, none of the transferable positions would be appropriate for Mr. Martinez.

32. Conclusion Mr. Martinez has suffered a stroke. As a result of the stroke he has

residual physical, cognitive and emotional deficits. These deficits are so severe that Dr. Brown has indicated Mr. Martinez is unable to do any type of work and that this will not change. The TSA performed also did not identify any appropriate occupations that Mr. Martinez would be able to perform based on his residual deficits.

33. Although Mr. Martinez has been able to perform volunteer work in a sheltered environment, he is under no stress or pressure to produce any specific amount of work. These environments are very supportive and accommodating of his deficits and any mistakes. They are not representative of a competitive employment environment.

34. It is my opinion based on the information reviewed, physician statements, the TSA, Social Security Disability Insurance and long term disability findings and the clinical interview that Mr. Martinez would be unable to work in a competitive employment environment. His

30 ibid 31 ibid

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cognitive deficits, physical deficits and fatigue would prevent him from obtaining and retaining work and therefore, he has no residual earning capacity at this time.

For the Firm, Kacy L. Turner, M.S., CRC, CVE, CLCP

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Attachment 4

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Annual Compensation per W-2 2008 Dollars

2003 $99,724 $114,9322004 $127,885 $144,0732005 $110,210 $120,8972006 $99,264 $105,3092007 $111,354 $114,472

Average in 2008 Dollars $119,936

Consumer Price Index Inflation Inflation Factor to 2008

2003 102.30% 115.25%2004 102.70% 112.66%2005 103.40% 109.70%2006 103.20% 106.09%2007 102.80% 102.80%

Source: Bureau of Labor Statistics, www.bls.gov

Figure 1Calculation of Base Wages

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Medical Dental Total

COBRA - Monthly $992.53 $61.72COBRA - Annual $11,910.36 $740.64COBRA - less 2% administrative charge $11,676.82 $726.12

Employee Pays - Bi-Weekly $147.00 $10.00Employee Pays - Annual $3,822.00 $260.00

Company Pays $7,854.82 $466.12 $8,320.94

Average Salary 2003-2007 in 2008 Dollars $119,936

Medical and Dental % of Salary 6.9%

Increase estimate to include group term life and disability 8.0%

Source: CashAmerica personnel file 0271 and 0285:Confirmation of 2008 Benefits Coverage - employee costCOBRA Continuatio of Health Coverages Election Form - COBRA cost

Figure 2Benefits % Calculation

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Wages2008: Last Date of Work = July 4, 2008Projected annual earnings $119,936 / 12 = $9,995.67 per month. $9,995.67 x 5 2/3 months = $56,637Date of Birth: 6/25/1954Retirement Age 66 = June, 2020$119,936 / 2 = $59,968

Wage Growth - annual figures

Age

Social Security

Projections1

Annual

Change2 Growth Factor3

2008 54 2.30% 102.30% 100.00%2009 55 -1.80% 98.20% 102.30%2010 56 2.90% 102.90% 100.46%2011 57 4.10% 104.10% 103.37%2012 58 4.50% 104.50% 107.61%2013 59 4.60% 104.60% 112.45%2014 60 4.20% 104.20% 117.63%2015 61 3.90% 103.90% 122.57%2016 62 4.00% 104.00% 127.35%2017 63 4.00% 104.00% 132.44%2018 64 4.40% 104.40% 137.74%2019 65 4.20% 104.20% 143.80%2020 66 3.90% 103.90% 149.84%

1OASDI Trustees Report, May 13, 2011, Table V. B12Annual Change calculation = (1 + SS % increase)3Growth FactorCurrent year = prior year Growth Factor x prior year Annual Change

Figure 3Wages and Wage Growth

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Year Age # Surviving1 Factor2

2011 57 89,748 100.00%2012 58 89,082 99.26%2013 59 88,377 98.47%2014 60 87,630 97.64%2015 61 86,838 96.76%2016 62 85,994 95.82%2017 63 85,088 94.81%2018 64 84,108 93.72%2019 65 83,048 92.53%2020 66 81,902 91.26%2021 67 80,668 89.88%2022 68 79,341 88.40%2023 69 77,917 86.82%2024 70 76,391 85.12%2025 71 74,761 83.30%2026 72 73,028 81.37%2027 73 71,187 79.32%2028 74 69,234 77.14%2029 75 67,168 74.84%2030 76 64,999 72.42%2031 77 62,723 69.89%2032 78 60,320 67.21%2033 79 57,769 64.37%2034 80 55,057 61.35%2035 81 52,181 58.14%2036 82 49,150 54.76%2037 83 46,012 51.27%2038 84 42,785 47.67%2039 85 39,493 44.00%2040 86 36,159 40.29%2041 87 32,814 36.56%2042 88 29,490 32.86%2043 89 26,222 29.22%2044 90 23,046 25.68%2045 91 19,999 22.28%2046 92 17,115 19.07%2047 93 14,427 16.08%2048 94 11,963 13.33%2049 95 9,744 10.86%2050 96 7,784 8.67%2051 97 6,088 6.78%2052 98 4,655 5.19%2053 99 3,473 3.87%2054 100 2,523 2.81%

1National Center for Health Statistics, United States Life Tables by Hispanic Origin, 2006 , Series 2, No. 152, October, 20102# surviving at each year divided by number surviving to beginning age 57

Figure 4Life Probability Calculation

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Age <HSHS

DiplomaSome

CollegeCollege Degree

Grad. Degree Age <HS

HS Diploma

Some College

College Degree

Grad. Degree

18 0.972 0.989 0.992 0.998 0.999 52 0.908 0.954 0.965 0.987 0.99219 0.971 0.988 0.991 0.997 0.999 53 0.905 0.953 0.964 0.986 0.99220 0.970 0.988 0.991 0.997 0.999 54 0.902 0.951 0.962 0.985 0.99221 0.969 0.987 0.991 0.997 0.998 55 0.899 0.949 0.961 0.985 0.99122 0.968 0.986 0.990 0.997 0.998 56 0.896 0.947 0.959 0.984 0.99123 0.966 0.986 0.990 0.997 0.998 57 0.892 0.945 0.958 0.983 0.99024 0.965 0.985 0.989 0.997 0.998 58 0.889 0.943 0.956 0.983 0.99025 0.964 0.984 0.989 0.996 0.998 59 0.886 0.941 0.955 0.982 0.98926 0.962 0.984 0.988 0.996 0.998 60 0.882 0.939 0.953 0.981 0.98927 0.961 0.983 0.988 0.996 0.998 61 0.879 0.937 0.951 0.980 0.98828 0.959 0.982 0.987 0.996 0.998 62 0.875 0.935 0.949 0.979 0.98829 0.958 0.982 0.987 0.996 0.998 63 0.872 0.933 0.948 0.979 0.98730 0.956 0.981 0.986 0.995 0.998 64 0.868 0.930 0.946 0.978 0.98731 0.955 0.980 0.985 0.995 0.997 65 0.864 0.928 0.944 0.977 0.98632 0.953 0.979 0.985 0.995 0.997 66 0.861 0.926 0.942 0.976 0.98533 0.951 0.978 0.984 0.995 0.997 67 0.857 0.923 0.940 0.975 0.98534 0.949 0.977 0.983 0.994 0.997 68 0.853 0.921 0.938 0.974 0.98435 0.948 0.976 0.982 0.994 0.997 69 0.849 0.918 0.935 0.973 0.98336 0.946 0.975 0.982 0.994 0.997 70 0.845 0.915 0.933 0.972 0.98337 0.944 0.974 0.981 0.993 0.996 71 0.840 0.913 0.931 0.970 0.98238 0.942 0.973 0.980 0.993 0.996 72 0.836 0.910 0.929 0.969 0.98139 0.940 0.972 0.979 0.993 0.996 73 0.832 0.907 0.926 0.968 0.98040 0.938 0.971 0.978 0.992 0.996 74 0.827 0.904 0.924 0.967 0.98041 0.935 0.970 0.977 0.992 0.996 75 0.823 0.901 0.921 0.965 0.97942 0.933 0.969 0.977 0.992 0.995 76 0.818 0.898 0.919 0.964 0.97843 0.931 0.967 0.976 0.991 0.995 77 0.814 0.895 0.916 0.963 0.97744 0.929 0.966 0.975 0.991 0.995 78 0.809 0.892 0.913 0.961 0.97645 0.926 0.965 0.973 0.990 0.995 79 0.804 0.889 0.911 0.960 0.97546 0.924 0.963 0.972 0.990 0.994 80 0.800 0.885 0.908 0.958 0.97447 0.921 0.962 0.971 0.989 0.994 81 0.795 0.882 0.905 0.957 0.97348 0.919 0.961 0.970 0.989 0.994 82 0.790 0.878 0.902 0.955 0.97249 0.916 0.959 0.969 0.988 0.993 83 0.785 0.875 0.899 0.953 0.97050 0.913 0.957 0.968 0.988 0.993 84 0.780 0.871 0.896 0.952 0.96951 0.910 0.956 0.966 0.987 0.993

Source: calculated using data from National Health Interview Survey , 2010Centers for Disease Control and Prevention, National Center for Health Statistics

Probability Estimates of Ability to Work-Hispanic Male (2009)

Figure 5Probability Able to Work

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2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019-2020Age 54 55 56 57 58 59 60 61 62 63 64 65-66

5.972% 5.972% 5.972% 5.972% 5.972% 5.972% 5.972% 5.972% 5.972% 5.972% 5.972% 5.972%

5.80% 9.30% 9.70% 9.50% 8.90% 8.00% 7.20% 6.50% 5.90% 5.60% 5.50% 5.50%

94.03% 94.03% 94.03% 94.03% 94.03% 94.03% 94.03% 94.03% 94.03% 94.03% 94.03% 94.03%

94.20% 90.70% 90.30% 90.50% 91.10% 92.00% 92.80% 93.50% 94.10% 94.40% 94.50% 94.50%

100.18% 96.46% 96.04% 96.25% 96.89% 97.84% 98.69% 99.44% 100.08% 100.40% 100.50% 100.50%

Age

Average Historical

Employment Rate

16-19 81.27% 81.42% 78.39% 78.05% 78.22% 78.74% 79.52% 80.21% 80.81% 81.33% 81.59% 81.68% 81.68%20-24 89.62% 89.78% 86.45% 86.07% 86.26% 86.83% 87.69% 88.45% 89.12% 89.69% 89.97% 90.07% 90.07%25-29 93.53% 93.70% 90.22% 89.82% 90.02% 90.61% 91.51% 92.30% 93.00% 93.60% 93.90% 94.00% 94.00%30-34 94.72% 94.89% 91.37% 90.96% 91.16% 91.77% 92.68% 93.48% 94.19% 94.79% 95.09% 95.19% 95.19%35-39 95.30% 95.47% 91.92% 91.52% 91.72% 92.33% 93.24% 94.05% 94.76% 95.37% 95.67% 95.77% 95.77%40-44 95.65% 95.82% 92.26% 91.86% 92.06% 92.67% 93.59% 94.40% 95.11% 95.72% 96.03% 96.13% 96.13%45-49 95.83% 96.00% 92.43% 92.03% 92.23% 92.84% 93.76% 94.57% 95.29% 95.90% 96.21% 96.31% 96.31%50-54 95.88% 96.06% 92.49% 92.08% 92.28% 92.90% 93.81% 94.63% 95.34% 95.96% 96.26% 96.36% 96.36%55-59 95.90% 96.08% 92.51% 92.10% 92.30% 92.91% 93.83% 94.65% 95.36% 95.97% 96.28% 96.38% 96.38%60-64 95.91% 96.09% 92.52% 92.11% 92.32% 92.93% 93.85% 94.66% 95.38% 95.99% 96.29% 96.40% 96.40%65-69 96.15% 96.33% 92.75% 92.34% 92.54% 93.16% 94.08% 94.90% 95.61% 96.23% 96.53% 96.63% 96.63%70-74 96.71% 96.89% 93.29% 92.88% 93.09% 93.70% 94.63% 95.45% 96.17% 96.79% 97.10% 97.20% 97.20%

75-100 96.98% 97.16% 93.55% 93.14% 93.34% 93.96% 94.89% 95.72% 96.44% 97.06% 97.37% 97.47% 97.47%

Figure 6Employment Probability

The average historical unemployment rate for the period 1984-2010 was calculated from quarterly figures published by the Bureau of Labor Statistics. Social Security Administration unemployment projections are used for future years. The Bureau of Labor Statistics is also the source for average historical employment rates (1 - historical unemployment rate) by age, race, and sex. The Relative Rate adjusts the Social Security projections based on the ratio of (1 - projected unemployment rate) / (1 - average historical unemployment rate) [or the ratio of the projected employment rate / average historical employment rate]. This is necessary to adjust the average employment rates by age, race, and sex to appropriate percentages relative to the overall projected unemployment.

Average Historical Employment Rate Multiplied by Relative Rate

Projection Employment Rate

(D) = 1 - (B)

Relative Rate (D) / (C)

Average Historical Employment Rate

(C) = 1 - (A)

Average Historical Unemployment Rate

(A)Social Security

Projections (B)

Social Security Administration: www.ssa.gov

OASDI Trustees Report, May, 2011, Table V. B2 - Additional Economic Factors

MALES

Bureau of Labor Statistics:

www.bls.gov Labor Force Statistics from the Current Population Survey, Unemployment Rate

Household Data Annual Averages, Employment status of the civilian noninstitutional population by age, sex, and race , 1984-2010

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YearYear End

AgeWages 2009$

Wage Growth Future WagesLess Soc Sec & Medicare

Less Income Taxes

Fringe BenefitsNet Future

WagesProbability

AliveProbability

Able to WorkProbability Employed

Adjusted Lost Wages

$119,9362008 54 $56,637 100.00% $56,637 ($4,333) ($8,109) $4,531 $48,726 100.00% 95.08% 96.06% $44,5022009 55 $119,936 102.30% $122,695 ($9,386) ($17,474) $9,816 $105,651 100.00% 94.90% 92.51% $92,7502010 56 $119,936 100.46% $120,486 ($9,217) ($16,909) $9,639 $103,999 100.00% 94.72% 92.10% $90,7202011 57 $119,936 103.37% $123,981 ($7,005) ($17,645) $9,918 $109,249 100.00% 94.53% 92.30% $95,3202012 58 $119,936 107.61% $129,064 ($9,873) ($18,369) $10,325 $111,147 99.26% 94.33% 92.91% $96,6952013 59 $119,936 112.45% $134,872 ($10,318) ($19,195) $10,790 $116,148 98.47% 94.13% 93.83% $101,0212014 60 $119,936 117.63% $141,076 ($10,792) ($20,078) $11,286 $121,492 97.64% 93.93% 94.66% $105,4722015 61 $119,936 122.57% $147,001 ($11,246) ($20,921) $11,760 $126,594 96.76% 93.71% 95.38% $109,4832016 62 $119,936 127.35% $152,734 ($11,684) ($21,737) $12,219 $131,532 95.82% 93.50% 95.99% $113,1082017 63 $119,936 132.44% $158,843 ($12,152) ($22,607) $12,707 $136,792 94.81% 93.27% 96.29% $116,4842018 64 $119,936 137.74% $165,197 ($12,638) ($23,511) $13,216 $142,264 93.72% 93.05% 96.40% $119,5812019 65 $119,936 143.80% $172,466 ($13,194) ($24,546) $13,797 $148,523 92.53% 92.81% 96.63% $123,2612020 66 $59,968 149.84% $89,855 ($6,874) ($9,114) $7,188 $81,055 91.26% 92.57% 96.63% $66,168

$1,714,905 ($128,712) ($240,215) $137,192 $1,483,171 $1,274,565

Figure 7Lost Earning Capacity

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Wed Nov 02 14:24:01 2011 Page 1 Summary of results

Name: Martinez PreSocial Security number: 000-00-0000Sex: maleDate of birth: June 25, 1954Retired in June 2020 at age 66 and 0 monthsFull retirement age: 66 and 0 monthsEarly retirement age: 62 and 1 month

Wage-Indexed Formula (1977 Act) PIA = 3,100.80 MFB = 5,426.70

Special Minimum PIA = 911.50 MFB = 1,368.70

Indexed Monthly Earnings = 9,046Primary Insurance Amount = 3,100.80Number of months increment = 0Delayed increment factor = 1.00000Benefit before rounding = 3,100.80Benefit after rounding = 3,100.00Maximum Family Benefit = 5,426.70

Benefit increase assumptions:Actual benefit increases through December 20102011 Trustees Report Alternative IIAverage wage increase assumptions:Actual average wage increases through 20092011 Trustees Report Alternative II

The estimates we gave are based on your earnings record and any infor-mation you gave us. The estimate provided could change--it couldincrease or decrease--depending on your actual future earnings,future changes in the average wages of all employed persons, and onfuture rates of inflation.

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Wed Nov 02 14:24:01 2011 Page 2 Earnings Used in PIA Calculation

Amount Quarters Annual Maximum per of year earnings earnings QC coverage

1975 6,435.00 14,100.00 01976 9,000.00 15,300.00 01977 10,000.00 16,500.00 01978 11,000.00 17,700.00 250.00 41979 11,700.00 22,900.00 260.00 41980 10,400.00 25,900.00 290.00 41981 12,000.00 29,700.00 310.00 41982 13,000.00 32,400.00 340.00 41983 14,950.00 35,700.00 370.00 41984 15,600.00 37,800.00 390.00 41985 17,000.00 39,600.00 410.00 41986 19,000.00 42,000.00 440.00 41987 20,107.00 43,800.00 460.00 41988 26,444.00 45,000.00 470.00 41989 36,010.00 48,000.00 500.00 41990 36,010.00 51,300.00 520.00 41991 36,010.00 53,400.00 540.00 41992 36,010.00 55,500.00 570.00 41993 38,738.00 57,600.00 590.00 41994 42,432.00 60,600.00 620.00 41995 45,773.00 61,200.00 630.00 41996 62,700.00 62,700.00 640.00 41997 65,400.00 65,400.00 670.00 41998 68,400.00 68,400.00 700.00 41999 72,600.00 72,600.00 740.00 42000 76,200.00 76,200.00 780.00 42001 80,400.00 80,400.00 830.00 42002 84,900.00 84,900.00 870.00 42003 87,000.00 87,000.00 890.00 42004 87,900.00 87,900.00 900.00 42005 90,000.00 90,000.00 920.00 42006 94,200.00 94,200.00 970.00 42007 97,500.00 97,500.00 1,000.00 42008 102,000.00 102,000.00 1,050.00 42009 106,800.00 106,800.00 1,090.00 42010 105,102.00 106,800.00 1,120.00 42011 106,800.00 106,800.00 1,120.00 42012 110,700.00 110,700.00 1,130.00 42013 114,900.00 114,900.00 1,180.00 42014 120,000.00 120,000.00 1,230.00 42015 125,400.00 125,400.00 1,290.00 42016 130,800.00 130,800.00 1,340.00 42017 135,262.00 135,900.00 1,390.00 42018 138,858.00 141,300.00 1,450.00 42019 143,131.00 146,700.00 1,510.00 42020 73,352.00 153,300.00 1,570.00 4

Projected wage bases: automatic provisions followed

Earnings after last possible year not used

Name: Martinez PreSocial Security number: 000-00-0000

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Wed Nov 02 14:25:28 2011 Page 1 Summary of results

Name: Martinez PostSocial Security number: 000-00-0000Sex: maleDate of birth: June 25, 1954Retired in June 2020 at age 66 and 0 monthsFull retirement age: 66 and 0 monthsEarly retirement age: 62 and 1 month

Wage-Indexed Formula (1977 Act) PIA = 2,707.50 MFB = 4,738.40

Special Minimum PIA = 911.50 MFB = 1,368.70

Indexed Monthly Earnings = 6,663Primary Insurance Amount = 2,707.50Number of months increment = 0Delayed increment factor = 1.00000Benefit before rounding = 2,707.50Benefit after rounding = 2,707.00Maximum Family Benefit = 4,738.40

Benefit increase assumptions:Actual benefit increases through December 20102011 Trustees Report Alternative IIAverage wage increase assumptions:Actual average wage increases through 20092011 Trustees Report Alternative II

The estimates we gave are based on your earnings record and any infor-mation you gave us. The estimate provided could change--it couldincrease or decrease--depending on your actual future earnings,future changes in the average wages of all employed persons, and onfuture rates of inflation.

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Wed Nov 02 14:25:28 2011 Page 2 Earnings Used in PIA Calculation

Amount Quarters Annual Maximum per of year earnings earnings QC coverage

1975 6,435.00 14,100.00 01976 9,000.00 15,300.00 01977 10,000.00 16,500.00 01978 11,000.00 17,700.00 250.00 41979 11,700.00 22,900.00 260.00 41980 10,400.00 25,900.00 290.00 41981 12,000.00 29,700.00 310.00 41982 13,000.00 32,400.00 340.00 41983 14,950.00 35,700.00 370.00 41984 15,600.00 37,800.00 390.00 41985 17,000.00 39,600.00 410.00 41986 19,000.00 42,000.00 440.00 41987 20,107.00 43,800.00 460.00 41988 26,444.00 45,000.00 470.00 41989 36,010.00 48,000.00 500.00 41990 36,010.00 51,300.00 520.00 41991 36,010.00 53,400.00 540.00 41992 36,010.00 55,500.00 570.00 41993 38,738.00 57,600.00 590.00 41994 42,432.00 60,600.00 620.00 41995 45,773.00 61,200.00 630.00 41996 62,700.00 62,700.00 640.00 41997 65,400.00 65,400.00 670.00 41998 68,400.00 68,400.00 700.00 41999 72,600.00 72,600.00 740.00 42000 76,200.00 76,200.00 780.00 42001 80,400.00 80,400.00 830.00 42002 84,900.00 84,900.00 870.00 42003 87,000.00 87,000.00 890.00 42004 87,900.00 87,900.00 900.00 42005 90,000.00 90,000.00 920.00 42006 94,200.00 94,200.00 970.00 42007 97,500.00 97,500.00 1,000.00 42008 57,812.00 102,000.00 1,050.00 4

Name: Martinez PostSocial Security number: 000-00-0000

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Year MonthsYear End

Age

Lost Benefits 2020 $

monthlyInflation Future Benefits

Probability Alive

Adjusted Lost Benefits

$3,100 - $2,7072020 6 66 $2,358 100.00% $2,358 91.26% $2,1522021 12 67 $4,716 102.80% $4,848 89.88% $4,3582022 12 68 $4,716 105.68% $4,984 88.40% $4,4062023 12 69 $4,716 108.64% $5,123 86.82% $4,4482024 12 70 $4,716 111.68% $5,267 85.12% $4,4832025 12 71 $4,716 114.81% $5,414 83.30% $4,5102026 12 72 $4,716 118.02% $5,566 81.37% $4,5292027 12 73 $4,716 121.33% $5,722 79.32% $4,5382028 12 74 $4,716 124.72% $5,882 77.14% $4,5372029 12 75 $4,716 128.21% $6,047 74.84% $4,5252030 12 76 $4,716 131.80% $6,216 72.42% $4,5022031 12 77 $4,716 135.50% $6,390 69.89% $4,4662032 12 78 $4,716 139.29% $6,569 67.21% $4,4152033 12 79 $4,716 143.19% $6,753 64.37% $4,3472034 12 80 $4,716 147.20% $6,942 61.35% $4,2592035 12 81 $4,716 151.32% $7,136 58.14% $4,1492036 12 82 $4,716 155.56% $7,336 54.76% $4,0182037 12 83 $4,716 159.91% $7,541 51.27% $3,8662038 12 84 $4,716 164.39% $7,753 47.67% $3,6962039 12 85 $4,716 168.99% $7,970 44.00% $3,5072040 12 86 $4,716 173.72% $8,193 40.29% $3,3012041 12 87 $4,716 178.59% $8,422 36.56% $3,0792042 12 88 $4,716 183.59% $8,658 32.86% $2,8452043 12 89 $4,716 188.73% $8,901 29.22% $2,6002044 12 90 $4,716 194.01% $9,150 25.68% $2,3502045 12 91 $4,716 199.45% $9,406 22.28% $2,0962046 12 92 $4,716 205.03% $9,669 19.07% $1,8442047 12 93 $4,716 210.77% $9,940 16.08% $1,5982048 12 94 $4,716 216.67% $10,218 13.33% $1,3622049 12 95 $4,716 222.74% $10,504 10.86% $1,1402050 12 96 $4,716 228.98% $10,799 8.67% $9372051 12 97 $4,716 235.39% $11,101 6.78% $7532052 12 98 $4,716 241.98% $11,412 5.19% $5922053 12 99 $4,716 248.76% $11,731 3.87% $4542054 6 100 $2,358 255.72% $6,030 2.81% $170

$265,950 $108,831

Figure 10Lost Social Security Benefits

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Year3-Month T-Bill

Interest RateCPI

InflationReal

Interest Rate1960 2.93% 1.70% 1.21%1961 2.38% 1.00% 1.37%1962 2.78% 1.00% 1.76%1963 3.16% 1.30% 1.84%1964 3.56% 1.30% 2.23%1965 3.95% 1.60% 2.31%1966 4.88% 2.90% 1.92%1967 4.32% 3.10% 1.18%1968 5.34% 4.20% 1.09%1969 6.68% 5.50% 1.12%1970 6.43% 5.70% 0.69%1971 4.35% 4.40% -0.05%1972 4.07% 3.20% 0.84%1973 7.04% 6.20% 0.79%1974 7.89% 11.00% -2.80%1975 5.84% 9.10% -2.99%1976 4.99% 5.80% -0.77%1977 5.27% 6.50% -1.15%1978 7.22% 7.60% -0.35%1979 10.05% 11.30% -1.12%1980 11.51% 13.50% -1.75%1981 14.03% 10.30% 3.38%1982 10.69% 6.20% 4.23%1983 8.63% 3.20% 5.26%1984 9.53% 4.30% 5.01%1985 7.47% 3.60% 3.74%1986 5.98% 1.90% 4.00%1987 5.82% 3.60% 2.14%1988 6.69% 4.10% 2.49%1989 8.12% 4.80% 3.17%1990 7.51% 5.40% 2.00%1991 5.42% 4.20% 1.17%1992 3.45% 3.00% 0.44%1993 3.02% 3.00% 0.02%1994 4.29% 2.60% 1.65%1995 5.51% 2.80% 2.64%1996 5.02% 3.00% 1.96%1997 5.07% 2.30% 2.71%1998 4.81% 1.60% 3.16%1999 4.66% 2.20% 2.41%2000 5.85% 3.40% 2.37%2001 3.44% 2.80% 0.63%2002 1.62% 1.60% 0.02%2003 1.01% 2.30% -1.26%2004 1.39% 2.70% -1.28%2005 3.16% 3.40% -0.23%2006 4.73% 3.20% 1.48%2007 4.41% 2.80% 1.56%2008 1.48% 3.80% -2.24%2009 0.16% -0.40% 0.56%2010 0.14% 1.60% -1.46%

Geometric Mean 1.14%

Real = [(1+T-Bill) / (1+CPI)]-1

Figure11Calculation of Real Interest Rates

1960 - 2010

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YearProjected

CPI

Real Interest

Rate

Nominal Interest

Rate

Discount Factor

2011 1.20% 1.14% 2.35% 100.00%2012 1.70% 1.14% 2.86% 97.70%2013 1.90% 1.14% 3.06% 94.98%2014 2.00% 1.14% 3.16% 92.16%2015 2.00% 1.14% 3.16% 89.33%2016 2.00% 1.14% 3.16% 86.59%2017 2.20% 1.14% 3.37% 83.94%2018 2.60% 1.14% 3.77% 81.21%2019 2.80% 1.14% 3.97% 78.25%2020 2.80% 1.14% 3.97% 75.26%2021 2.80% 1.14% 3.97% 72.39%2022 2.80% 1.14% 3.97% 69.62%2023 2.80% 1.14% 3.97% 66.96%2024 2.80% 1.14% 3.97% 64.40%2025 2.80% 1.14% 3.97% 61.94%2026 2.80% 1.14% 3.97% 59.58%2027 2.80% 1.14% 3.97% 57.30%2028 2.80% 1.14% 3.97% 55.11%2029 2.80% 1.14% 3.97% 53.00%2030 2.80% 1.14% 3.97% 50.98%2031 2.80% 1.14% 3.97% 49.03%2032 2.80% 1.14% 3.97% 47.16%2033 2.80% 1.14% 3.97% 45.36%2034 2.80% 1.14% 3.97% 43.62%2035 2.80% 1.14% 3.97% 41.96%2036 2.80% 1.14% 3.97% 40.35%2037 2.80% 1.14% 3.97% 38.81%2038 2.80% 1.14% 3.97% 37.33%2039 2.80% 1.14% 3.97% 35.90%2040 2.80% 1.14% 3.97% 34.53%2041 2.80% 1.14% 3.97% 33.21%2042 2.80% 1.14% 3.97% 31.94%2043 2.80% 1.14% 3.97% 30.72%2044 2.80% 1.14% 3.97% 29.55%2045 2.80% 1.14% 3.97% 28.42%2046 2.80% 1.14% 3.97% 27.33%2047 2.80% 1.14% 3.97% 26.29%2048 2.80% 1.14% 3.97% 25.28%2049 2.80% 1.14% 3.97% 24.32%2050 2.80% 1.14% 3.97% 23.39%2051 2.80% 1.14% 3.97% 22.49%2052 2.80% 1.14% 3.97% 21.63%2053 2.80% 1.14% 3.97% 20.81%2054 2.80% 1.14% 3.97% 20.01%

Nominal = [(1+CPI) x (1+Real)] - 1

Figure 12Discount Rate

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YearYear End Age

Adjusted Total Lost Earnings

Adjusted Lost Social Security

Benefits

Total Future Value of

Economic Damages

Discount Factor

Present Value of Economic

Damages

2008 54 $44,502 $44,502 100.00% $44,5022009 55 $92,750 $92,750 100.00% $92,7502010 56 $90,720 $90,720 100.00% $90,7202011 57 $95,320 $95,320 100.00% $95,3202012 58 $96,695 $96,695 97.70% $94,4702013 59 $101,021 $101,021 94.98% $95,9522014 60 $105,472 $105,472 92.16% $97,2032015 61 $109,483 $109,483 89.33% $97,8052016 62 $113,108 $113,108 86.59% $97,9452017 63 $116,484 $116,484 83.94% $97,7752018 64 $119,581 $119,581 81.21% $97,1062019 65 $123,261 $123,261 78.25% $96,4572020 66 $66,168 $2,152 $68,320 75.26% $51,4212021 67 $4,358 $4,358 72.39% $3,1542022 68 $4,406 $4,406 69.62% $3,0672023 69 $4,448 $4,448 66.96% $2,9782024 70 $4,483 $4,483 64.40% $2,8872025 71 $4,510 $4,510 61.94% $2,7942026 72 $4,529 $4,529 59.58% $2,6982027 73 $4,538 $4,538 57.30% $2,6002028 74 $4,537 $4,537 55.11% $2,5012029 75 $4,525 $4,525 53.00% $2,3992030 76 $4,502 $4,502 50.98% $2,2952031 77 $4,466 $4,466 49.03% $2,1902032 78 $4,415 $4,415 47.16% $2,0822033 79 $4,347 $4,347 45.36% $1,9712034 80 $4,259 $4,259 43.62% $1,8582035 81 $4,149 $4,149 41.96% $1,7412036 82 $4,018 $4,018 40.35% $1,6212037 83 $3,866 $3,866 38.81% $1,5012038 84 $3,696 $3,696 37.33% $1,3802039 85 $3,507 $3,507 35.90% $1,2592040 86 $3,301 $3,301 34.53% $1,1402041 87 $3,079 $3,079 33.21% $1,0232042 88 $2,845 $2,845 31.94% $9092043 89 $2,600 $2,600 30.72% $7992044 90 $2,350 $2,350 29.55% $6942045 91 $2,096 $2,096 28.42% $5962046 92 $1,844 $1,844 27.33% $5042047 93 $1,598 $1,598 26.29% $4202048 94 $1,362 $1,362 25.28% $3442049 95 $1,140 $1,140 24.32% $2772050 96 $937 $937 23.39% $2192051 97 $753 $753 22.49% $1692052 98 $592 $592 21.63% $1282053 99 $454 $454 20.81% $942054 100 $170 $170 20.01% $34

$1,274,565 $108,831 $1,383,396 $1,199,753

Figure 13Present Value of Economic Damages

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