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The Pennsylvania Department of Environmental Protection has fined a New Jersey medical screening company $80,500 for X-raying potential silicosis plaintiffs at three Pennsylvania motel parking lots without prior written authorization or the presence of a licensed medical practitioner.

The fine against Most Health Services Inc. of Voorhees, N.J., which the company already has appealed, stems from allegations raised in silica litigation in Pennsylvania state court that plaintiffs counsel — in this instance, Provost & Umphrey of Beaumont, Texas — improperly built its Pennsylvania silica practice through mass screenings for claimants. In re Silica PCCP, March Term 2003 No. 0001 (Philadelphia Co., Pa., Ct. C.P.). Guy Fisher, the attorney at Provost & Umphrey to whom calls for comment were referred, was not available for comment. But Charles B. Kemeny, president of Most Health, said that the state and silica defense bar have unfairly singled out his company, which provides a range of health screening programs and other services to industry, labor organizations and government entities nationwide from mobile screening units.

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