Case 1:07-cv-00026-0VWV-TAG Document 152 Filed 06/03/2008 Page 1 of 10

1 Mark A. Wasser CA SB #060160

LAW OFFICES OF MARK A. WASSER
2 400 Capitol Mall, Suite 1100
Sacramento, CA 95814
3 Phone: (916) 444-6400
Fax: (916) 444-6405
4 E-mail: mwasser@markwasser.com

5 Bernard C. Barmann, Sr. CA SB #60508

KERN COUNTY COUNSEL
6 Mark Nations, Chief Deputy SB 01
1115 Truxtun Avenue, Fourth Floor
7 Bakersfield, CA 93301
Phone: (661) 868-3800
8 Fax: (661) 868-3805
E-mail: mnations@co.kern.ca.us
9
o Attornevs
Peter Bryan,
11 Jennifer Abraham,

12

13 UNITED STATES DISTRICT COURT

14 EASTERN DISTRICT OF CALIFORNIA

15

16 JADWIN, ) Case No.: 1:07-cv-00026-0WW-TAG

)
17 Plaintiff, ) DECLARATION OF ROBERT
) BURCHUK, SUPPORT
18 vs. ) INDEPENDENT
)
19 ) et aI.,
)
20 Defendants. )
) Date Action Filed: January 6, 2007
21 ) Trial Date: December 2, 2008
)
22 )
)
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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF

INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN
 Case 1:07-cv-00026-0VWV-TAG Document 152 Filed 06/03/2008 Page 2 of 10

1 I, Robert Burchuk, M.D., declare as follows:

2 1. I am a physician licensed to practice medicine in the State of California. I have

3 personal knowledge of the facts in this Declaration and can testify competently to them if

4 called as a witness.

5 2. I graduated from Boston University in 1982 with a combined BA - MD degree. My

6 clinical training consisted of a residency in psychiatry at George Washington University

7 Medical Center, Washington, DC, from July 1982 through June 1986. I was the Chief

8 Ke:SldJ:nt, uepartmient of Psychiatry, Inrlatlent Service, at 'V,,-,vq,;,-, VIti asJh.mgton University

9 ,-,"-'iUvi from July, 1985 through June, 1986. My llc(:;nsure and certifications include:

10 '~"+A~~'~ Board oflVleolcal

11

12 N o~/emlber 1 lam

13 Association. A copy of my Curriculum Vitae is attached to this Declaration as Exhibit 1.

14 3. I am knowledgeable and experienced in the administration of psychiatric and

15 psychological examinations in the context of civil actions for damages, including damages of

16 the type claimed in this action.

17 4. Fairness and balance routinely provide for the performance of comprehensive

18 both order to afford both afuU

19 opportunity to mClepen<1erLtly ,",V.U,,-,\,l clinical pe]rlorm aPlJropriate assessments.

20 independent collection of data is consistent with the principles of the adversary system and

21 provides reasonable assurance that the information is reliable and not influenced or biased by

22 self-interest. When differences or disagreements arise, they can be aired and resolved through

23 the adversary process.

24 5. In this case, I initially consented to Dr. Jadwin's request that the examination be

25 adjusted to accommodate his privacy interests, convenience and distrust. These

26 accommodations included allowing Dr. Jadwin to audio-record the examination sessions,

27 accommodating his schedule, and agreeing to accept and rely on raw data from psychological

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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF

INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN
 Case 1:07-cv-00026-0VWV-TAG Document 152 Filed 06/03/2008 Page 3 of 10

1 testing performed by his expert rather than requiring Dr. Jadwin to submit to a redundant series

2 of tests. I was allowed to administer one psychological test that had not been performed by

3 Plaintiff's expert. The Court rejected Plaintiffs other requests, such as allowing Plaintiff to
4 contact his attorney during the examination.

S 6. After completing about three-fourths of the exam, it has become evident to me that the

6 justification for some of these accommodations needs to be reconsidered. Specifically, I

7 request permission to expand my examination in two respects.

8 7. I reCluest permission to an independent, cmnplrehensive psychological

9 testing battery performed on Dr. Jadwin. When I Dr. Jadwin, at our session on May

10 test authm'lze:d me not

11 I

12 elec;ted to test to our ses~aon to a

13 call to Mr. Lee.

14 8. However, Defendants' counsel, Mark Wasser, subsequently forwarded me an e-mail
15 from Mr. Lee in which Mr. Lee wrote that he had disclosed the nature of the T.O.M.M. test (a

16 test designed to evaluate the possibility of malingering) to Dr. Jadwin. Mr. Lee clearly
17 understood the sensitivity of the test because wrote, his e-mail, that he had not previously

18 test to to nn'<:p"nTP test' Lee's CilSClo'SUI'e

1 the nature this test to 1<:>'-;·l1T1n has renlCieJrea the test US~~le~;s IS no

20 purpose to administer it.

21 9. Based on my review of Dr. Jadwin's medical records and my observations and findings

22 from the examination I am conducting, I am surprised by the psychological test findings

23 reported by Plaintiff s expert. The test findings are not consistent with my preliminary

24 diagnostic impressions and I cannot determine how the reported psychological tests were
25 administered or the validity of the raw data. I, therefore, request that I be allowed to arrange a

26 comprehensive psychological test battery on Plaintiff as expeditiously as possible. I believe

27 this can be completed without the need to further change the pre-trial schedule.

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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF

INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN
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1 10. In my experience, it is unprecedented for an examining physician like me to have to risk

2 revealing preliminary impressions in order to request what routinely is included in an

3 examination of the type I am attempting to perform on Dr. Jadwin. I fear my capacity to

4 effectively refine and revise my assessment of Dr. Jadwin may be compromised. This is

5 another reason why I believe administration of the requested testing battery is important.

6 11. Second, I request permission to confer with Plaintiff s treating psychiatrists, Drs.

7 Riskin and Anoshiravan Taheri-Tafreshi. Plaintiff s expert report includes a reference to

8 cOllsulta1:I0llS between the expert and treating ps~rcbjatris1:s. Jadwin actually COJlsente:d

9 to me contact both physicians in our first session but telephoned me shortly after the session

was withdrawing consent on ",rh.T1"p of lntlervW\VmlZ these

1 as IS an ImpOl'tarlt CI)mpOneJlt I

2 bel1e\Te it is me same OpIJOrtunlity PlaimtiJtr to to both

13 treating physicians.

14 12. I also request that the Court confirm the agreement Dr. Jadwin and I reached during our
15 second session on May 29 that the last session of the examination will be in my office. Travel

16 by an examinee to an examiner's office is routine, unless the examiner is located more than 75

17 miles from the examinee. In this case, as an accommodation to Dr. Jadwin, the second session

18 was conducted Dr. Jadwin's Vii.'V,",. !",Ii'""n and I agl~eell, as confirmed audio

19 transcript our

20 is apparently demanding that the session be moved to Dr. Jadwin's office. Mr. Lee's continued

21 intrusion into the examination is a further distraction and is simply contrary to accepted

22 practice. I request that the Court approve holding the last session in my office as Dr. Jadwin

23 and I agreed.

24 13. Additionally, I have asked Mr. Wasser to obtain records that would contemporaneously

25 document observations during Dr. Jadwin's childhood, secondary, college and osteopathy

26 school years, along with any available records of his experiences as an Army enlistee and in his

27 past employment. These records would allow me to evaluate important aspects of Dr. Jadwin's

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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF

INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN
 Case 1:07-cv-00026-0VWV-TAG Document 152 Filed 06/03/2008 Page 5 of 10

I personality that have emerged from my examination. I request that Plaintiff be directed to

2 cooperate in seeking these materials.

3 I declare under penalty of perjury under the laws of the State of California that the foregoing

4 is true and correct.

5 Executed on June 3, 2008, in Los Angeles, California.

7 By: /s/ Robert Burchuk, M.D.

Robert Burchuk, M.D.

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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF

INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN
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EXHIBIT 1
 Case 1:07-cv-00026-0VWV-TAG Document 152 Filed 06/03/2008 Page 7 of 10

CURRICULUM VITAE

ROBERT BURCHUK, M.D.

Address: 6320 Canoga Ave. Suite 1500

Woodland Hills, California 91367
rburchuk@earthlink.net
18) 1
8) 340-0840

Home Address: Woodland Hills, California

Psyclmltm;t, JVletropC)!lt2LD State Hm;pl!<ll.

Activities: mp:ltlents, tea<:hHlg of UCLA Forensic PS\IChlatl-v
rp,,!pUf of treatment and court reports of pSyichliatrists thn)ug;h011t

COlljUll1ction with Consent Decree

Private Practice of Forensic Psychiatry

Education: B.A., Cum Laude, Boston University, 1982

M.D., Boston University, 1982
(combined BA-MD program)

Residency in Psychiatry
Jni'JP""itv Medical '-''-'''lev1, Walshlng1:011,

l)p,n<>rfn"pnt of PS\fc!ljatl"v

Washington University Medical Center, July 1985-June 986.

PGY-V Fellow,
UCLA/San Fernando Valley Forensic Psychiatry Fellowship,
Los Angeles, CA, July 2006- June 2007

Licensure and Certification: State of California, Board of Medical Quality Assurance

License Number G62596, April 1988

Diplomate, National Board of Medical Examiners

Certificate Number 256443, July 1983

Diplomate, American Board of Psychiatry and Neurology

Certificate Number 29390, November 1987
Case 1:07-cv-00026-0VWV-TAG Document 152 Filed 06/03/2008 Page 8 of 10

Managed Carel
Health Plan Experience: August 2001-February 2006:
Vice President and Corporate Medical Director, PacifiCare Behavioral
Health. Responsibilities including oversight of corporate wide Medical
Management and Quality Improvement.
August 2002 - Februmy 2003:
Acting Western Region Medical Director

)'''~>f'trw PacifiCare KPI"nfltW>l1 ,,,,,<-1,,, L

including oversight of
Management and Quality Improvement.

March 1998-May 2001:

Medical Director, One Health Plan of California, Inc. Medical Director
for Great-West Life's HMO, licensed in California in 1996 and Great-
West Life's established PPO/POS products (formerly affiliated with
Private Health Care Systems). Broad range of activities including
quality improvement and utilization management.

November 1991-November 1996:

Regional Consulting Psychiatrist, Prudential HealthCare Plan of
California, Inc. Utilization review, quality improvement, provider
network development, benefits design and marketing input.

March-November 1991:
Physician Advisor, American PsychManagement of California, Inc. (now
Value/Options). Utilization review and first level appeals of inpatient
and outpatient psychiatric treatment.

2
 Case 1:07-cv-00026-0\J\MI-TAG Document 152 Filed 06/03/2008 Page 9 of 10

Managed Carel
Provider Experience: 1993-August 1997:
Co-founder and President, Valley Oaks Behavioral Medical Group,
multidisciplinary Mental Health IPA providing services in Los Angeles
and Ventura counties including services as a Clinical Group for Value
Behavioral Health.

1996-2005

Private Pr3ctice: January 1992-ApriI1997:

Private and ad()le~;ceIlt n,vrh Eltn!'

IVlemcal [llrectcl[, Encino HO::;Pltal Menta! Health Unit

January 1991-December 1991:

Medical Director, Eating Disorders Program, Northridge Hospital
Medical Center, Clinical supervision of multi-disciplinary treatment team
responsible for the care of hospitalized and day treatment patients.
Participation in Department of Psychiatry administrative activities
including quality assurance.

Alcnnitos MedIcal Center;

St. and Pioneer
HOspItal; outpatient treatment.

FuH- Time Faculty

Experience: July 1986-June 1988:
Assistant Professor, Department of Psychiatry and Behavioral Sciences,
George Washington University Medical Center.

Medical Director, Psychiatric Day Treatment Program, George

Washington University Medical Center.

Presentations: "Treatment Planning in Managed Care" at Biological Aspects of Mental

Disorders, A Practical Guide for Psychotherapists, Southern
California Psychiatric Society, May 1993.

"Health Plan - Provider Relations: A Critical Factor in Quality Care" at

Managed Mental Healthcare Global Business Research, New Orleans,
December 1994.

3
Case 1:07-cv-00026-0W\N-TAG Document 152 Filed 06/03/2008 Page 10 of 10

"Use of DSM IV with Managed Care" at Psychological Advancement

Seminars, The DSM IV: Introduction and Overview, Los Angeles,
November 1994.

"How to Effectively Integrate Addiction Treatment Services in

Behavioral Health Partnerships." Panel presenter at Behavioral
Healthcare Tomorrow, San Francisco, September 1996.

"Integration in Case" at Disease

Management America 15t Annual Integrated Healthcare
Leadership Summit: Co-Morbid Depression and Chronic
Washington, D.C. June, 2004.

and of Care:
Behavioral Health Care
CalifCm1ia Association Healthcare

Publications: Beaudin, CL, Burchuk, RM. Clinical Practice Guidelines for Treating
Depression in Primary Care. P&T Digest. 2004; 13: 17-24.

Burchuk, RM, Pomerantz, JM. Forming Practice Groups to Deal With

Managed Care: Two Views, A Southern California Perspective. Journal
ofPractical Psychiatry and Behavioral Health. 1995; 1:229-232.

Professional

American p<;,\rchli:ltrlc A.sS()CI2lt!on, >JstmgUlsJhed Fellow

Councilor, 1995-8, Member Managed Care Fund Raising

Committees, 1995-6; Public Affairs Committee; Co-Chair 1996-7; Chair
1997-8 and 2004-5; Chair Managed Care Committee 2003-present;
candidate for President elect, 2008 (unopposed)

American Academy of Psychiatry and the Law