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

Biography

Donald C. Sinclair II concentrates his practice on occupational and environmental litigation in the energy and transportation sectors, including water, air, and soil quality; industrial noise and vibration; toxic torts; occupational diseases; toxic and traumatic encephalopathy, seizures, and syncope; the evidence-based determination of medicolegal causation; and the admissibility of novel and complex scientific evidence.

Work Experience

2014 Steptoe & Johnson PLLC
2007-2014 Sinclair PLLC - Occupational & Environment Consulting
2000-2007 Sinclair Kelly Jackson Reinhart & Hayden LLC
1998-2000 Thorpe Reed & Armstrong LLC
1989-1998 Burns White & Hickton LLC

Speaking Engagements

Sinclair, D.C. 2017. Evaluation of Industrial Noise in the Oil and Gas Industry, The Energy and Mineral Law Foundation 38th Annual Institute, Williamsburg, VA

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," 2015. 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. 2011. 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. 2011. 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, 2005, 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, 2003, 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

National Coordinating Counsel for several Class I Railroads for noise-induced hearing loss actions
National Coordinating Counsel for a Class I Railroad for the defense of work-related musculoskeletal disorder claims and human exposure to segmental and whole body vibration
National Coordinating Counsel for Class I Railroad for the defense of occupational illness and injury claims, including development of systematic defense protocols, coordination of regional counsel, coordination of expert witnesses, counseling learned corporate witnesses, system wide discovery management, and development of electronic discovery management databases

Memberships & Awards

Professional
The Best Lawyers in America®
American College of Occupational and Environmental Medicine, Associate Member
National Association of Railroad Trial Counsel, Past Southeast Region Vice President and Executive Committee Member
American Inns of Court - Master
Maine Bar Association
Missouri Bar Association
Pennsylvania Bar Association
Texas Bar Association
West Virginia Bar Association

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