Notice to a Workcomp Defense Attorney to Cease Using Science Fraud in Mold Cases

November 5, 2015 NOTICE  to:

Darryl Silvera, Esq. Dallas, Tx 75244  (Silvera Law Firm)

Patricia B Rosen, MD, MPH, ABIM, ABEM, Austin Toxicology Austin, Tx 78731 (Wellness for Workers)

Re: Please cease using the ACOEM Mold Statement[1] as a litigation defense weapon.  It has been retired from “current accepted science”.

Dear Mr. Silvera and Dr. Rosen,

It has been brought to my attention that in a Texas workcomp case decided in 2015, the ACOEM Mold Statement was used by the Silvera Firm in an expert defense witness report by Dr. Rosen. It was presented to the court as alleged scientific evidence to deny an employer’s liability for worker injuries caused by a water damaged work environment.

This letter is to assure that neither of you use it again as a weapon against injured workers. ACOEM retired their mold position statement in early 2015. It is no longer being promoted by the occupational medical trade association as current accepted science by esteemed colleagues of medicine. [2]

For a greater understanding of the harm to thousands that has been caused by the misapplication of the risk assessment model (the Veritox Theory) upon which the ACOEM mold statement was founded, please visit the blog Katy’s Exposure. Blog title: “American College of Medical Toxicology Choose Wisely to Sunset Your Mold Statement [3].  Short link:

Mr. Silvera, your law firm is cited in the blog as the example of how the ACOEM and related medical associations’ mold position statements have been used in discriminatory insurer fraud by scientific fraud upon the court in workcomp cases across the U.S. See section V, pages 14 and 15 in the blog post.

                                                                                         Thank you,

                                                                                         Mrs. Sharon Noonan Kramer

[1] October 27, 2002  ACOEM “Adverse Human Health Effects Associated with Mold in the Indoor Environment”.
[2] March 9, 2015 WorkCompCentral “ACOEM Takes Down Position Paper commonly Used to Defend Against Mold Claims”
[3] October 28, 2015 Katy’s Exposure blog “American College of Medical Toxicology, Choose Wisely to Sunset Your Mold Statement

About Sharon Kramer

Hi, I'm an advocate for integrity in health marketing and in the courts.
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7 Responses to Notice to a Workcomp Defense Attorney to Cease Using Science Fraud in Mold Cases

  1. Yes. Extremely useful. If you’d like to know why, send me an email.

  2. Carol Jarman says:

    Is this useful for any State OSHA office concerning mold in the workplace.

  3. Best of success to you. Keep us posted. Glad the info helped. If Mr. Silvera is STILL using the ACOEM Mold Statement to defeat workers comp claims — given what he knows of the fraud of how it came to be — it seems a complaint to the Texas State Bar may also be in order.

  4. Autumn says:

    I’ve been deathly ill for almost 4 years bc my classroom was highly contaminated. I’ve been fighting for workers comp for almost 2 years, and lost the hearing due to Patricia Rosen. I ended up asking my attorney if I could write the appeal. I’ve abcessively researched every angle possible related to this crazy nightmare that 95% of the population could care less about. So I submitted my appeal today and ripped Dr. Rosen’s testimony apart 13 pages of her lies. And I attached the letter to her and Mr. Silvera along with the Veritox Theory paper. Thank you for putting these things out there. I don’t know who the person was in the 2015 suit that warranted the letter but because I’m in and I used that case I pray he gets back a least some of what he’s lost.

  5. Great letter Sharon!

  6. katy says:

    Dina, OSHA knows. Dr. Michael Hodgson, Medical Director of OSHA was instrumental in causing ACOEM to sunset their mold position statement. The message to Mr. Silvera is intended to cause the end of its usage in work/comp denials by insurer fraud via no longer “current accepted science”. This would not have happened without the tenacity of Dr. Hodgson.

  7. Dina Padilla says:

    Sharon, this is great. I think you should inform, OSHA, Dept of H&HS, SSA, DOI’S, the DOL, ANY federal dept that maybe “unaware” of the mold position paper being removed by ACOEM.. DIR, U.C. Berkeley lawyers & professors should know the state of CA . can remove this from ITS TRAINING PROGRAMS. and brochures/laws/guidelines of the 6th AMA/ACOEM Edition that was enacted in 2005 SB863 and any subsequent Editions or laws.

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