Weber, Goldstein, Greenberg & Gallagher, Clifford Goldstein, Esquire, Philadelphia, PA · Evaluated functional hearing deficits of aircraft sheet metal workers. Demonstrated that the audiometric configurations did not meet Pennsylvania State compensation criteria. Provided evaluation of non-standard test techniques of claimant’s experts to show them to be invalid. Prepared simulations of hearing ability of claimants for referee by which he could appreciate the residual functional hearing of the claimant.
Cozen & O’Connor, Thomas M. Regan, Esquire, Philadelphia, Pennsylvania · In support of the defense of several insurers for two different railroads (Illinois Central and CSX), evaluated the claimed hearing losses of several thousand employees to determine the probable validity of those claims based on the noise exposure necessary to produce represented hearing losses. Advised attorneys of the type of sound survey data that should exist in railroad operations. This resulted in discovery and disclosure of survey databases. This was used for cross examination of railroad staff during trial. Developed cross examination issues of railroad staff during trial. Developed presentation of survey data to lay jury involving mapping of the rail yards and the locations at which data existed, supervised video taping of the rail yard facilities and preparation of summaries of the acoustical data for the jury. Also prepared a statistical analysis of the data to show relationships between crafts, locations, and exposures. One case settled prior to trial. Second case, jury found for the insurers.
Triborough Bridge and Tunnel Authority, New York, New York · Developed and operated hearing conservation programs for municipal authority for over ten years. Supervised all medical referrals, annual evaluations and information needed in evaluation of claims for hearing loss.
King and Ballew, Nashville, Tennessee, Richard Busch, Esquire · Developed an analysis of claimed hearing losses of several hundred newspaper delivery drivers and mail room workers for a major New York newspaper. Prepared and presented testimony for the Administrative Law Judge to illustrate the factors involved in developing a hearing loss, International Standards for the risk of developing hearing loss and the exposures of the claimants. Also developed historical data on noise sources and their levels to show that the exposures of workers had not changed over a period of several decades. Claims of all drivers against the newspaper were denied. A civil RICO action has been filed against the plaintiffs and their attorneys.
Taylor & Walker, P.C., Norfolk, Virginia, Gerard Voyer, Esquire · Supported Federal Longshore Act defense of hearing loss claim by characterizing the noise environment in which claimant worked and comparison with expected hearing levels from epidemiological studies and from natural dose/response standards.
Thompson Coburn for Ingersoll Rand, St. Louis, Missouri, Richard Cornfeld, Esquire · Provided scientific basis for defense of shipyard hearing loss claims. Included retrospective evaluation of noise levels from typical shipyard construction activities.
Thompson Coburn, St. Louis, Missouri, Mark Bayles, Esquire · Evaluated acoustic environment in Texas Department of Public Safety radio installation shop. Characterized worked exposure from clients tools. Client dismissed from suit.