Chemical Exposure And Mold Track
Presented by the University of South Florida

Monday, August 14

1:00 – 3:00 pm    
Case Studies in Mold Exposures 

Panel:
Raymond Harbison, PhD
Director of the Center for Environmental and Occupational Risk Analysis and Management and Professor of Environmental and Occupational Health at the College of Public Health, University of South Florida
Tampa, FL
 
Thomas Truncale, DO, MPH
University of South Florida, Colleges of  Medicine and Public Health
Tampa, FL

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.
 

3:15 – 5:00 pm    
The Exposure is EVERYTHING: Linking an Exposure, Dose and Disease

Panel:
James D. McCluskey, MD, MPH, PhD
University of South Florida, Colleges of Medicine and Public Health
Tampa, FL

James Poole,  PhD, CIH
University of South Florida, College of Public Health
Tampa, FL

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     

8:00 – 10:00 am  
Challenging Expert Medical and Toxicology Testimony:  The Role of the Expert

Raymond Harbison, PhD
Director of the Center for Environmental and Occupational Risk Analysis and Management and Professor of Environmental and Occupational Health at the College of Public Health, University of South Florida
Tampa, FL

James D. McCluskey, MD, MPH, PhD
University of South Florida, Colleges of Medicine and Public Health
Tampa, FL

Steven Mlynarek, PhD, CIH
University of South Florida, College of  Public Health
Tampa, FL

Thomas Truncale, DO, MPH
University of South Florida, Colleges of  Medicine and Public Health
Tampa, FL

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.

10:15 – 12:00 pm
What Happens at Trial?  The Plaintiff and Defense Have Their Day in Court

Gerald  A. Rosenthal, Claimants’ Attorney
Rosenthal & Levy, P.A.
West Palm Beach, FL 

David M. Schweiger,  Defense Attorney
Johnson, Anseimo, Murdoch, Burke, Piper & McDuffe, P.A.
Ft. Lauderdale, FL

James D. McCluskey, MD, MPH, PhD
University of South Florida, Colleges of  Medicine and Public Health
Tampa, FL

Steven Mlynarek, PhD, CIH
University of South Florida, Colleges of Medicine and Public Health
Tampa, FL

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.

1:00 – 3:00 pm    
Hunting for Clues: Critical Aspects of an Indoor Environmental Quality Evaluation

Rene Salazar, PhD, CIH, MPH
Salazar Consulting Group, Inc.
Tampa, FL

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.

3:00 – 3:15 pm    
Break

 
3:15 – 5:00 pm    
Dirty Job: Safety of Clean-Up Workers for Hurricanes 

Steve Morris, III, MD
Project Director for Bioterrorism and Disaster Training
University of South Florida
Tampa, FL

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.

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