Monday, August 14

Presented by the University of South Florida, Sunshine Education and Research Center

1:00 – 5:00 pm

Grand Ballrooms 12, 13 & 14

Convention Level

Raymond Harbison, PhD

Thomas Truncale, DO, MPH

This will be an interesting presentation for employers, adjusters and lawyers. Two cases will be presented. Both cases are trial level matters where the testimony of the physician was challenged under the Frye or Daubert principles. In both cases, the testimony of the physician was excluded by proper usage of those challenges. This presentation is designed to define the level of proof necessary to show mold exposure in a courtroom setting.

James D. McCluskey, MD, MPH, PhD

James Poole, PhD, CIH

Throughout our lives, we are exposed to chemicals, whether we choose to be or not. Determining the potential health effects is a delicate balance of individual characteristics and pre-dispositions, the level of exposure, the internalized doses and a variety of potential co-factors. This presentation will focus on a chemical exposure scenario, the industrial hygiene evaluation and the medical work-up of reported symptoms and possible illnesses resulting from the exposure and the dosage.

Tuesday, August 15

Presented by the University of South Florida, Sunshine Education and Research Center

8:00 – 5:00 pm

Grand Ballrooms 12, 13 & 14

Convention Level

Raymond Harbison, PhD

James D. McCluskey, MD, MPH, PhD

Steven Mlynarek, PhD, CIH

Thomas Truncale, DO, MPH

To arrive at an evidence based result, an expert must evaluate scientifically reliable evidence of general causation, that is, whether any workplace exposure is capable of causing the particular injury claimed. Subsequently, the expert must consider specific causation, that is, whether the workplace exposure actually caused a worker’s condition. Under accepted principals of toxicology, in order to reach conclusions, the expert’s testimony must be based upon reliable evidence that: 1) there was a harmful workplace exposure; 2) that the claimant was exposed to a harmful amount of chemical in the workplace; 3) that the dose and duration of the exposure was sufficient to cause injury; and 4) that the claimant’s specific injuries resulted from the workplace exposure. Our panel of experts discusses proper scientific methodology, as well as, what does not pass for reliable scientific methodology.

Gerald A. Rosenthal, Claimants’ Attorney

David M. Schweiger, Defense Attorney

James D. McCluskey, MD, MPH, PhD

University of South Florida, Colleges of Medicine and Public Health

Steven Mlynarek, PhD, CIH

There are two sides to every argument and for that matter, every court case. This mock trial is intended to model the proceedings typically found at a workers’ compensation trial, where the issue is exposure to chemicals. Participants will hear a brief presentation of an occupational exposure case to set the stage. The two sides, claimant and defense, will present their arguments and each will provide expert testimony for the audience and the judge to determine the merits of the case. Discussion by the panel will follow to highlight the strengths and weaknesses of each argument.

Rene Salazar, PhD, CIH, MPH

Indoor environmental quality continues to be an important occupational health issue, resulting in lost time and reduced productivity for employers. Costly workers’ compensation claims and ensuing litigation inevitably increase the associated financial impact. Over the years, the focus of exposure has shifted from traditional agents such as carbon monoxide and formaldehyde to biological agents such as molds and toxins. This session will examine the evolution of indoor environmental quality programs over the past decade and focus on sources and conditions most commonly implicated in the current development of those problems.

Steve Morris, III, MD

As the emergency response phase and the emergency lifesaving activities are completed following hurricanes, a gradual transition into the long process of clean-up, rebuilding, recovery and rehabilitation begins. This lecture will identify important issues of occupational and environmental exposures for workers’ involved in the clean-up operations in post-hurricane settings. It will also identify strategies for protecting responders against possible adverse health impact which would help reduce workers’ compensation vulnerability to the workers involved in the clean-up operations.