Donald C. Sinclair II
Of Counsel
(304) 231-0458
Office: Wheeling
Energy
Business
Employment
Litigation
Attorney
J.D. West Virginia University
B.A. West Virginia Wesleyan College
Licensure: ME | MO | PA | TX | WV
See Education

Speaking Engagements

Sinclair, DC. 2019. The Role of the Epidemiological and Exposure Sciences in the Resolution of Medicolegal Disputes. The Paul S. Richards Endowed Chair Distinguished Visiting Lectureship in Occupational Medicine, National Occupational Research Agenda (NORA), Young/New Investigators Symposium. Salt Lake City, Utah.

Greaves, WW, Das, R, Green-McKenzie, J, Sinclair, DC, Hegmann, KT. 2018. Work-Relatedness. J. Occup. Environ. Med. 60(12):e640-646.

Epidemiology in the Courtroom – The Evidence-Based Determination of Causation in Medicolegal Proceedings, The Montana State Fund 18th Annual Medical Conference. 2018. Helena, Montana

Greaves, W.W., Das, R., Green-McKenzie, J., Sinclair, D.C. 2018. Work-Relatedness, MDGuidelines®.Web, Hegmann, K.T., Ed., www.mdguidelines.com. Reed Group, Ltd.

Sinclair, D.C., 2017. Evaluation of Industrial Noise in the Oil and Gas Industry. 38 Energy & Min. L. Inst., Ch. 3, Energy & Mineral Law Foundation, Lexington, Ky.

Sinclair, D.C. 2017. Analysis of Groundwater Quality in Environmental Litigation Related to Industrial Processes, Chemical Spills, and Inadvertent Discharges. National Association of Railroad Trial Counsel Special Litigation Conference XXVII, Snowmass, CO

Sinclair, D.C. 2017. Medical Fitness for Duty Guidelines and the Americans with Disabilities Act – Legal Implications for Employers. 14th Annual National Compensation Insurance ExecuSummit, Uncasville, CN

Sinclair, D.C. 2016. Enforcement of Medical Fitness for Duty Guidelines and the Americans With Disabilities Act – The Business Necessity and Direct Threat Defenses. National Association of Railroad Trial Counsel Winter Meeting, St. Petersburg, FL

Sinclair, D.C., 2015 "Mild Traumatic Brain Injury - Evidence-Based Classification and Evaluation in Litigation." National Association of Railroad Trial Counsel Winter Meeting, Palm Springs, CA

Sinclair, D.C., 2015 "Defining Acceptable and Persistent Risk of Sudden Incapacitation Among Transportation Workers in Safety Critical Positions." American College of Occupational and Environmental Medicine Annual Occupational Health Conference, Baltimore, MD

Sinclair, D.C., 2015. "Prescription Drugs and Safety at Work - Scientific Assessment of Risk, Legal and Policy Implications, and Practical Guidance for Physicians." American College of Occupational and Environmental Medicine Annual Occupational Health Conference, Baltimore, MD

Sinclair, D.C., 2013. Whole Body Vibration and Repeated Shock Exposure Aboard Railroad Maintenance-of-Way Machinery. National Association of Railroad Trial Counsel Winter Meeting, Phoenix, AZ

Sinclair, D.C., 2011. Whole Body Vibration and Repeated Shock Exposure Aboard Railroad Maintenance-of-Way Machinery: A Critical Review of the Technical Literature. Railroad Environmental Conference, Rail Transp. Eng. Ctr., U. Ill. at Urbana-Champaign, IL

Sinclair, D.C., 2011. Low Velocity Vehicle Collision Dynamics. American Academy of Orthopedic Surgeons (Online)

Sinclair, D.C., 2011. Prescription Drug Use in Transportation Workers: Safety, Legal and Policy Perspectives. American College of Occupational and Environmental Medicine, American Occupational Health Conference, Washington, DC

Sinclair, D.C., 2011. Prescribed Opiods Usage by Commercial Drivers - A Regulatory Conundrum. Musculoskeletal Disorders and Chronic Pain. Canadian Institute for the Relief of Pain and Disability, Los Angeles, CA

Sinclair, D.C., 2011. Evaluating Feigned Cognitive Impairment - The Neuropsychology of the Malingering Mind. National Association of Railroad Trial Counsel, Special Litigation Conference XXI, Park City, UT

Sinclair, D.C., 2011. In the Cauldron - Science in the Courtroom. The American Academy of Disability Evaluating Physicians Annual Meeting, San Antonio, TX

Sinclair, D.C., 2010. Epidemiology in the Courtroom: An Evidence-Based Paradigm for the Determination of Causation in Compensation Environments." J. Occ. Environ. Med., 52(4): 1-6

Sinclair, D.C., 2010. Evidence-Based Medicine - A Foundation for Risk Management in Compensation Environments. National Shipbuilding Research Program - Joint Meeting of the Facilities, Tooling, and Risk Management Panel and the Workers' Compensation and Safety and Health Advisory Committees, Mobile, AL

Sinclair, D.C., 2010. Locomotive Whole Body Vibration Exposure: A Critical Review of the Epidemiologic and Technical Literature. Joint Rail Conference, Rail Transp. Eng. Ctr., U. Ill. at Urbana-Champaign, IL

Sinclair, D.C., 2008. Epidemiology in the Courtroom - An Evidence-based Paradigm for the Determination of Causation in Compensation Environments. The World Congress on Neck Pain, Los Angeles, CA

Sinclair, D.C., 2008. "Preparing for and Providing Health and Safety Legal Testimony," In Effective Management of Occupational and Environmental Health and Safety Programs - a Practical Guide, Ch. 24, 3rd Ed., Moser, R., Ed., OEM Press, Beverly Farms, Massachusetts

Sinclair, D.C., 2005. Evidence-Based Medicine as the Basis for Occupational and Environmental Medicine Practice, Programs, and Policy - Legal and Ethical Imperatives. American College of Occupational and Environmental Medicine State of the Art Conference Plenary Session, Chicago, IL

Sinclair, D.C., 2005. Advanced Topics in the Management of Low Back Problems: An Evidence-Based Approach. Millennium Series on Musculoskeletal Disorders. American Occupational Health Conference, American College of Occupational and Environmental Medicine, Atlanta, GA

Sinclair, D.C., 2003. "Science on Trial - Daubert and its Progeny in the Medicolegal Arena." Seminars in Spine Surgery, 15(3): 332-43

Key Experience

Counseled clients on the development of legally sustainable medical fitness for duty guidelines, including sudden incapacitation of employees in safety sensitive positions related to seizures, syncope, and cardiovascular events and use of prescribed medications by commercial motor vehicle operators
National Coordinating Counsel for a Class I Railroad for the defense of work-related musculoskeletal disorder claims and human exposure to whole body vibration and repeated shock
National Coordinating Counsel for several Class I Railroads for the defense of noise-induced hearing loss actions

Memberships & Awards

Professional
2019 Recipient of the Paul S. Richards, MD, Endowed Distinguished Visiting Lectureship in Occupational Medicine, The Rocky Mountain Center for Occupational and Environmental Health at the University of Utah Health Sciences Center
The Best Lawyers in America®
American College of Occupational and Environmental Medicine, Associate Member
National Association of Railroad Trial Counsel, Executive Committee Member and Past Southeast Region Vice President
American Inns of Court - Master
Maine Bar Association
Missouri Bar Association
Pennsylvania Bar Association
Texas Bar Association
West Virginia Bar Association