The Defense Base Act Workmans Compensation Blog

A Huge THANK YOU to our own Terry Marshall for his continued efforts to expose fraud and abuse by AIG.  Terry worked with T Miller on this latest story which you can read below.

Injured Abroad, Neglected at Home

Be sure to check out Terry’s forum here at the blog

AIG WAR

AIG WAR Update

Terry’s Twitters

Coming Soon  The War Hazards Act

How it may be Hazardous to your claim….

All comments made here are soley the opinion of the person commenting and not necessarily the opinion of this blog.

Judge says convoy lawsuits against KBR can go to trial

By TOM FOWLER Copyright 2010 Houston Chronicle

Lawsuits claiming Houston-based KBR should have stopped a 2004 truck convoy in Iraq before six civilian drivers were killed and others were wounded in an ambush can go to trial, a federal judge ruled on Monday.

U.S. District Judge Gray Miller had previously dismissed the case, agreeing with KBR’s argument that it didn’t have the authority to keep the fuel convoys off the road and that a trial would be an improper challenge to military decision-making. KBR contracts with the military to provide logistical support.

But after an appeals court overturned his decision, Miller allowed the parties to gather more evidence, which turned up e-mails of KBR managers saying they thought they could stop the convoys and had done so in the past.

Miller said the added information was central to his decision that allowing the trial would not second-guess the military in violation of the political question doctrine — the legal principle that some issues are the province of the elected branches of government and not the federal courts.

“If anything, the record makes it clear that although the political question doctrine lurks just around the corner, it can be extricated from the plaintiffs’ claims against the defendants,” Miller wrote.

KBR said it will appeal the ruling.

The case centers on an April 2004 attack on a KBR convoy of supply trucks in Iraq that killed six civilian truck drivers and wounded 14.

Read the whole story here

Murtha succumbs to Infection acquired at National Naval Medical Center in Bethesda

John Murtha Dead at 77

Contractors as well as soldiers have lost life and limb due to infections acquired at National Naval Medical Center Bethesda, Walter Reed Army Medical Center , Lanstuhl, Brooke Army Medical Center in San Antonio, and the field hospitals in Iraq and Afghanistan.

Feb 4 in stable condition with infection

Then

Virginia Hospital Center said Murtha died “despite aggressive critical care interventions.”

Another casualty of the contaminated Military Medical System?

www.iraqinfections.org

KBR is asking for it

By David Isenberg at Huff Post

To paraphrase comedian Henny Youngman’s famous one-liner, take my KBR, please.

After all the bad press U.S. engineering and construction company KBR has received over the years for its operations in Iraq , both during its time as a Halliburton subsidiary and since, one might think it had learned a thing or two about how to avoid sticking its foot in its mouth.

But you would be wrong, As case in point consider the following legal brief KBR filed, which was posted online by the estimable Ms. Sparky — who is to chronicling KBR misdeeds, including those against it own employees, as white is to rice — in regard to the case of Jamie Leigh Jones,

For those who missed this news Ms. Jones is the then 20-year old former KBR/Halliburton worker, who says she was gang-raped by Halliburton/KBR coworkers in Baghdad in late July 2005.

The main points are by now well known. She says that just four days after arriving in Iraq she was raped by multiple men at a KBR camp in the Green Zone, the company put her under guard in a shipping container with a bed and warned her that if she left Iraq for medical treatment, she’d be out of a job.

In a lawsuit filed in federal court against Halliburton and its then-subsidiary KBR, Jones says she was held in the shipping container for at least 24 hours without food or water by KBR, which posted armed security guards outside her door, who would not let her leave.

According to her lawsuit, Jones was raped by “several attackers who first drugged her, then repeatedly raped and injured her, both physically and emotionally.” Jones said that an examination by Army doctors showed she had been raped “both vaginally and anally,” but that the rape kit disappeared after it was handed over to KBR security officers.  See KBR’s AWOL Medical Records here and here

Ms. Jones had to be rescued from her American employer by U.S. State Department agents from the U.S. Embassy in Baghdad, after she was able to contact her father by cell phone, who then contacted his congressman, Rep. Ted Poe (R-TX), who contacted the State Department.

In late 2007, over two years after the reported rape occurred, the Justice Department had brought no criminal charges in the matter. In fact, an investigation by ABC News could not confirm any federal agency was investigating the case.

Early on, in a statement, KBR said it was “instructed to cease” its own investigation by U.S. government authorities “because they were assuming sole responsibility for the criminal investigations.”

Read the full story here

Dennis Kucinich: Remember who is fighting for YOU

Whether your views swing left or right remember that Dennis Kucinich is

One of a very few politicians who gives a damn about the Injured Contractor

Go here and vote for Dennis Kucinich for Fire Dog

The insurance industry goes a-begging

The Medicare Secondary Payer Statute: In Search of Ariadne’s Thread

by Tom Lynch at Workers’ Comp Insider

Last week the American Insurance Association, the National Association of Mutual Insurance Companies and the Self-Insurance Institute of America wrote to the Department of Health and Human Services Secretary Kathleen Sibelius asking her to delay the 1 April 2010 implementation of MSP mandatory reporting requirements. You can find the reporting requirements here.

The new regs lay a heavy burden on the comp insurance industry, referred to in the regs as Responsible Reporting Entities (RREs). (Such unfortunate acronyms bring me back, alas, to my days in the military.) RREs must report to the Centers for Medicare and Medicaid Services (CMS) any workers’ compensation claims that involve ongoing medical payments, with the exception of most medical only claims. In their letter, the organizations list five reasons they believe an implementation delay is necessary. The first items are all about process: security protection, a lack of guidance from the CMS and an insufficient period for testing the proposed reporting procedures. The fifth reason, which is really the first reason, is the economic big stick which, when deadlines are missed, will slap fines of up to $1,000 per day per claim upside the heads of RREs. Ouch!

There’s a lot more to it, and we’ll be writing more about it in the coming months, but for now it’s enough to know that the insurance industry is on its collective knees asking for a delay in the implementation of reporting requirements that have already been delayed and extended once.

Pentagon Identifies Contractor Missing In Iraq: Issa Salomi

Observers indicate that two individuals in HTS leadership positions on the ground in Iraq—Lieutenant Colonel Byrd (Program Management Office – FWD)  and Michael Goains, GG-15 (Theater Coordination Element) had direct knowledge of Issa Salomi’s prior forays outside Camp Liberty/Victory Base Complex in Iraq unaccompanied by his teammates (team designation IZ-02,) or US military personnel. Salomi was apparently taken by an Iraqi insurgent group in January 2010 and a video of him recently appeared in global media outlets in February 2010.

Observers have also pointed out that Salomi is not, in fact, a contractor but is instead a temporary US Army Civilian employee. In 2009, HTS reverted to a government program and contractors were forced to choose between leaving or converting to US government civilian status.

Update WaPo Sat Feb 6 (:30 am
BAGHDAD — A Shiite militant group in Iraq has posted an Internet video showing an American it says it abducted and who appears to be a contractor reported missing by the U.S. military.

In the video, the man – who did not identify himself – says his abductors from the League of the Righteous are demanding the release of militants and the prosecution of Blackwater security contractors accused of killing 17 Iraqis in 2007 in Baghdad.

“The second demand is to bring the proper justice and the proper punishment to those members of Blackwater company that have committed unjustifiable crimes against innocent Iraqi civilians,” the man said. “And to bring justice by proper compensation to the families that have been involved in great suffering because of this incident.”

Update

(CBS 8) - Officials identified an El Cajon resident Friday who went missing in Iraq while working as a civilian contractor, just as video of the man was released by his alleged abductors.

Issa Salomi, 60, went missing on Jan. 23 in Baghdad. He was working with the U.S. Forces as a civilian employee, according to the Department of Defense.

A video found on an Iraqi web site Friday showed Salomi sitting in front of a flag with what appeared to be Arabic writing on it.

In the two-minute video, Salomi details demands from his abductors, including the punishment of employees of the Blackwater company, which is accused in crimes against Iraqi citizens.

A search and recovery effort was underway to find Salomi, the DOD said.

Pentagon: El Cajon Contractor Missing In Iraq

SAN DIEGO — The Pentagon released the name Friday of an El Cajon resident who disappeared in Iraq two weeks ago while working with the U.S. military as a civilian contractor.Issa Salomi, 60, was last seen Jan. 23 in Baghdad, where he is assigned to U.S. Forces, Iraq, the Department of Defense reported.

Efforts to locate Salomi are under way, according to the DOD, which did not disclose the nature of his work in the Middle East.

Lawmakers: Limit Spying on Workers

Bill aims at limiting spying in workers’ compensation cases

Colorado, but a good start  full story here

Lawmakers are pushing legislation that would limit the ability of workers’ compensation providers from spying on employees who have made a claim.

The bill stems from discussions by the Pinnacol Interim Committee, after lawmakers looked to tighten control over the state’s workers’ compensation provider of last resort. Concerns were raised about the company spying on injured workers to validate claims.

House Bill 1012, sponsored by Rep. Sal Pace, D-Pueblo, would only allow surveillance with reasonable cause.

The bill would prohibit an insurer or employer from spying on workers who have submitted claims unless the insurer or employer has a “reasonable basis” to suspect the employee has committed fraud. Employees would be allowed to request an expedited hearing before a administrative law judge to challenge the surveillance.

Insurers and employers would also be required to destroy all material collected unless the materials are “reasonably necessary” to resolve an ongoing claim of fraud. Violations would result in a $1,000 per day penalty.

Pace points out that of the $4.7 million spent last year to spy on 2,500 workers, only 11 were found to have actually committed fraud. He said workers are complaining that the surveillance is used to intimidate workers into accepting lesser payments.

“The insurance companies are abusing it, it’s evasive, and it’s our responsibility as legislators to stand up for average Coloradans, and not for the special interest and insurance companies,” said Pace.

Taliban Kill Three US Soldiers/ Frontier Corps USAID Contractors in Pakistan Roadside Bomb Attack

Update:

G.I.s Slain in Pakistan: Psyop Sergeant, Two Nation-Builders

A psychological operations sergeant and two military nation-builders have been identified as the soldiers killed earlier this week by a roadside bomb in Pakistan.

39 year-old Staff Sergeant Mark Alan Stets, Jr. (pictured) was assigned to Alpha Company of the 8th Psychological Operations Battalion out of Fort Bragg, N.C. This was his second deployment to the region, according to U.S. Special Operations Command. He also served in Iraq.

Sergeant 1st Class Matthew S. Sluss-Tiller, a native of Ashland, Ky. enlisted in the United States Army Reserves as a heavy construction mechanic in 1991. He subsequently moved to the “big” Army, serving in Germany, Kuwait, Kosovo, Iraq, and Afghanistan. Sergeant 1st Class David J. Hartman was a veteran of the Army’s signal corps, deploying to Afghanistan and Iraq. Both were assigned to the 95th Civil Affairs Brigade out of Ft. Bragg.

Full Story at Danger Room

by: Liam Stack   The Christian Science Monitor

at Truthout

The US military deaths in Pakistan represent a significant victory for Taliban militants after months of increasing drone attacks.

A roadside bomb attack killed at least seven people, including three Americans, in northwest Pakistan on Wednesday, news agencies report. The US fatalities represent a significant victory for Taliban militants, who claimed responsibility for the attack, after months of increasing drone attacks.

The US embassy in Islamabad has confirmed that three US military personnel were killed and two wounded in the blast, Pakistani daily Dawn reports.

“It appears to be the first time American soldiers have been killed in such an attack in Pakistan,” Agence France-Presse (AFP) reports.

Tehrik-e-Taliban Pakistan (TTP) said that it had carried out the attack. A TTP spokesman accused the men of working for Blackwater International, a security contractor that changed its name to Xe in 2009 and that attracted widespread criticism over alleged excessive use of force in Iraq.

“The Americans killed were members of the Blackwater group. We know they are responsible for bomb blasts in Peshawar and other Pakistani cities,” a Taliban spokesman told Dawn. “We have warned we will take revenge and today we have avenged the deaths of innocent people.”

Initial reports identified the US dead as either aid workers or journalists. Dawn initially called them officials with the US Agency for International Development, while AFP cited an official from the paramilitary Frontier Corps calling them foreign aid workers, and sources told the Associated Press (AP) they were “part of a small, little-publicized, US mission to train members of the paramilitary Frontier Corps to better fight al-Qaida and Taliban militants.” Full Story at Truthout


AIG $100 Million Bonuses but Deny Medical and Benefits to DBA Casualties

This is same story over and over

AIG still owes the U.S. government $124 billion from their record setting $182 billion bailout. But today the insurance giant is set to dole out $100 million in bonuses to the Financial Products division, the same unit that brought AIG to the brink of failure.

VA Destroyed PTSD Documents

WATCHDOG GROUP SAYS VA DESTROYED “NORMA PEREZ” PTSD DOCUMENTS

Norma Perez urged her VA employees to misdiagnose PTSD. Now, VA says backup tapes were destroyed, including the one containing the Perez email.

NOTE from Larry Scott, VA Watchdog dot Org … In March of 2008, Norma Perez, a VA psychologist, sent an email to her employees telling them to misdiagnose PTSD … they should call it an “Adjustment Disorder.”

That email is here for viewing or download.

All hell broke loose in the veteran community.  Hearings were held.  The Perez email ended up as evidence in the Veterans for Common Sense lawsuit against the VA.

And, Norma Perez?  She got a transfer to a different VA facility.

For complete background on the Norma Perez scandal … use our search engine … here …
http://www.yourvabenefits.org/sessearch.php?q=norma+perez&op=and

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CREW Seeks Relief for VA’s Destruction of PTSD Documents

Author : Citizens for Responsibility and Ethics in Washington

Category : Press Release

http://www.earthtimes.org/articles/show/crew-seeks-relief-for
-varsquos-destruction-of-ptsd-documents,1145359.shtml

WASHINGTON – (Business Wire) Today, Citizens for Responsibility and Ethics in Washington (CREW) filed a brief seeking discovery after the Department of Veterans Affairs (VA) admitted to destroying documents responsive to CREW’s May 2008 Freedom of Information Act (FOIA) request in CREW v. U.S. Dep’t of Veterans Affairs (D.D.C.). This lawsuit stems from CREW’s FOIA request for documents related to the VA’s policy of under-diagnosing post traumatic stress disorder (PTSD), after an email was revealed in which VA employee Norma Perez discussed this policy.

Since this issue first came to light, the VA has resisted providing any documents. Most recently the VA claimed it had produced everything it had despite the fact that it had not even turned over Norma Perez’s email or – despite public outcry and congressional hearings on the matter – any other records referring to the email. As a result, CREW argued the VA’s search clearly had been inadequate and, amazingly, the agency said that it couldn’t locate the email because it was destroyed in 2008, months after CREW filed both its FOIA request and this lawsuit. In fact, all the VA’s backup tapes were destroyed, including the one containing the Perez email. The VA says it cannot produce any emails predating December 9, 2008.

Based on the destruction of the records, CREW has asked the Court to let us depose VA employees who may have known exactly what the VA was doing about PTSD and the extent to which the agency refused to provide proper medical care for veterans with PTSD.

Anne Weismann, CREW’s chief counsel, stated, “It is incredible that with all of the public outrage and concern over this issue, the VA took no steps to preserve important records. This smacks of a cover-up to avoid liability for a disgraceful policy that deprived our nation’s veterans of appropriate health care.” Weismann continued, “The VA is not above the law; like all other agencies, it cannot simply destroy documents that have been requested under the FOIA just because those documents may cast the agency in a bad light.”

Click here to read CREW’s brief.