These findings were very suspicious. As a result, the attorneys investigated further by having several of the claimants reexamined by an audiologist who was experienced in dealing with evaluation of claimants for compensation of NIHL. They also found that the drivers had recently undergone medical tests to re-qualify for their commercial drivers licenses - tests that included audiometric testing. All had passed the medical tests.
"In many cases, after comparing the results of the audiogram with the results of the tests referred to above, and noting they were not consistent, [the audiologist] then informed the claimants of the inconsistency and explained to them that the claimant's initial audiogram could not be accurate. In a number of cases, the claimants then responded accurately during a subsequent audiogram ... the results of which revealed that those claimants do not have a binaural loss of hearing."
One test case was brought before a Worker Compensation Board Administrative Law Judge for adjudication. After many hours of testimony the judge dismissed not only the test case, he also dismissed the remaining claims finding them fraudulent. The legal team had uncovered numerous irregularities in the claims. The employer filed a civil action against the employees, their attorneys, and the physician who examined them under the Racketeering In Corrupt Organizations (RICO) laws.
Under the RICO Act, a successful plaintiff may recover treble damages which is the relief sought in this action. "Plaintiffs have suffered damages to date to be determined but believed to exceed $3 millions a direct and proximate result of the defendants' unlawful conduct."