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 Sinclair concentrates his practice in the areas of energy litigation, products liability, and transportation law. He has experience in occupational injury and disease litigation, toxic and traumatic brain injury claims, occupational safety and health regulatory compliance, and the admissibility of novel and complex scientific evidence, as well as maintaining an appellate practice.

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. 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, 2015. Liability of the Horseman - The Erosion of Limitations of Liability Statutes

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

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

"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, Maryland

Liability of the Horseman - The Equestrian Activities Responsibility Act, 2014, Bethany College Equine Studies Program, Bethany, West Virginia

Whole Body Vibration and Repeated Shock Exposure Aboard Railroad Maintenance-of-Way Machinery, 2013, National Association of Railroad Trial Counsel Winter Meeting, Phoenix, Arizona

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

Low Velocity Vehicle Collision Dynamics and the AMA Guidelines, 2011, American Academy of Orthopedic Surgeons

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

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, California

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

In the Cauldron - Science in the Courtroom, 2011, The American Academy of Disability Evaluating Physicians Annual Meeting, San Antonio, Texas

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

Evidence-Based Medicine - A Foundation for Risk Management in Compensation Environments, 2010, 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, Alabama

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

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

Sinclair, D., "Preparing for and Providing Health and Safety Legal Testimony," 2008, 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

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, Illinois

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, Georgia

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

Key Experience

National Coordinating Counsel for a 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 of learned corporate witnesses and executive management, safety and health regulatory compliance, system wide discovery management, and development of an electronic discovery management program
Defended national steel manufacturer against severe occupational brain injury claim at trial and defended verdict on appeal
National Coordinating Counsel for a Class I Railroad for the defense of work-related musculoskeletal disorder claims, including upper extremity disorders, disorders of the cervical and lumbar spine, lower extremity degenerative joint disease, and discovery quality assurance

Memberships & Awards

Professional
National Association of Railroad Trial Counsel, Past Southeast Region Vice President
National Association of Railroad Trial Counsel, Executive Committee Member
American College of Occupational and Environmental Medicine, Associate Member
West Virginia Bar Association
Pennsylvania Bar Association
Missouri Bar Association
Texas Bar Association
Maine Bar Association

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