Abstract

Following a lengthy strike, several hundred delivery drivers filed workers compensation claims for occupational hearing loss. We were asked to evaluate the noise exposure of the drivers during their in-plant tasks. In-plant exposures were not predictive of any hearing loss. A comparison of audiometric data for the claimants revealed consistent hearing loss independent of duration of employment or age. These discrepancies between observations and common understanding of dose–response relationships between noise exposure and hearing loss led to further investigation, ultimately resulting in the dismissal of all claims against the employer who then filed an action against the claimant’s attorneys and physician under the Racketeering in Corrupt Organizations Act (RICO). The details of the legal complaint, which reads like a detective novel, can be found at the United States District Court for the Southern District of New York [93 Civ. 7222 (LAP)].

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