Comments on: Dropping the DBA ball http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/ The Modern Day DBA Casualty Tue, 29 Dec 2009 20:37:16 +0000 http://wordpress.com/ hourly 1 By: Marcie Hascall Clark http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-165 Marcie Hascall Clark Wed, 10 Jun 2009 14:32:20 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-165 (2) No claim for medical or surgical treatment shall be valid and enforceable against such employer unless, within ten days following the first treatment, the physician giving such treatment furnishes to the employer and the deputy commissioner a report of such injury or treatment, on a form prescribed by the Secretary. The Secretary may excuse the failure to furnish such report within the ten-day period whenever he finds it to be in the interest of justice to do so. http://www.dol.gov/esa/owcp/dlhwc/lhwca.htm#907 (2) No claim for medical or surgical treatment shall be valid and enforceable against such employer unless, within ten days following the first treatment, the physician giving such treatment furnishes to the employer and the deputy commissioner a report of such injury or treatment, on a form prescribed by the Secretary. The Secretary may excuse the failure to furnish such report within the ten-day period whenever he finds it to be in the interest of justice to do so.

http://www.dol.gov/esa/owcp/dlhwc/lhwca.htm#907

]]> By: defensebaseactcomp http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-132 defensebaseactcomp Thu, 04 Jun 2009 13:41:05 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-132 Thanks for pointing that out. Us non lawyers can use all the help we can get slogging through the statutes, cfr's, etc. It's the employer that must report the injury or death within 10 days http://www.dol.gov/dol/allcfr/Title_20/Part_702/20CFR702.201.htm The employee has 30 days. Thanks for pointing that out. Us non lawyers can use all the help we can get
slogging through the statutes, cfr’s, etc.
It’s the employer that must report the injury or death within 10 days
http://www.dol.gov/dol/allcfr/Title_20/Part_702/20CFR702.201.htm
The employee has 30 days.

]]> By: Joshua Gillelan http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-130 Joshua Gillelan Thu, 04 Jun 2009 07:34:39 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-130 What's the ten-day period you're referring to? I don't think there's any such requirement in the law. What’s the ten-day period you’re referring to? I don’t think there’s any such requirement in the law.

]]> By: Awifewatchingherhusbandsuffer http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-65 Awifewatchingherhusbandsuffer Tue, 05 May 2009 23:41:47 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-65 Maybe what all of the contractors need to do is start pinning one to their chest please file this out before moving me to another hospital and have my employer sign it so I can get paid when I get home. Come on DOL get off your ass and get a clue. What more do you want from these men and women you have their blood and tears and from some their lives. How about getting off your asses and doing the job you get paid for. Stop letting big buisness get away with everything. Maybe what all of the contractors need to do is start pinning one to their chest please file this out before moving me to another hospital and have my employer sign it so I can get paid when I get home.

Come on DOL get off your ass and get a clue. What more do you want from these men and women you have their blood and tears and from some their lives. How about getting off your asses and doing the job you get paid for. Stop letting big buisness get away with everything.

]]> By: Marcie Hascall Clark http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-58 Marcie Hascall Clark Sun, 03 May 2009 20:54:23 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-58 “The problem that we see a lot is where injuries occur overseas the knee-jerk reaction is the insurance company says, ‘I can’t pay right now. I don’t have documentation,’ ” This would be the LS 207 Notice of Controversion of Right to Compensation Which must be approved by the Department of Labor? Are they just approving them all? Do they ever see them? “The problem that we see a lot is where injuries occur overseas

the knee-jerk reaction is the insurance company says,

‘I can’t pay right now. I don’t have documentation,’ ”

This would be the LS 207
Notice of Controversion of Right to Compensation

Which must be approved by the Department of Labor?

Are they just approving them all?

Do they ever see them?

]]> By: defensebaseactcomp http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-20 defensebaseactcomp Tue, 21 Apr 2009 14:50:28 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-20 The employer is required to have the DBA insurance information and employee responsibilites posted in the workplace. There is a fine for not doing this. Guess it's another one of those things the DoL doesn't deem important. If the injuries are such that you never leave the workplace this is probably fine, if it is actually posted there. When you land on your back in a pool of blood, are medivaced and on morphine for weeks, maybe have some brain damage from all of this you might not be able to make that 10-30 day window. Even if the employer did explain the DBA to you and did post your responsibilities. The employer is required to have the DBA insurance information and employee responsibilites posted in the workplace. There is a fine for not doing this. Guess it’s another one of those things the DoL doesn’t deem important.
If the injuries are such that you never leave the workplace this is probably fine, if it is actually posted there.
When you land on your back in a pool of blood, are medivaced and on morphine for weeks, maybe have some brain damage from all of this you might not be able to make that 10-30 day window.
Even if the employer did explain the DBA to you and did post your responsibilities.

]]> By: Krash http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-19 Krash Tue, 21 Apr 2009 13:22:30 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-19 Would somebody please explain to me how to get medical documentation from a war zone within 10 days of the "accident/incident" when your injuries are received outside of a military base, supposed to have been documented by the employer company personnel when you arrive at the closest safe haven military base, then when the injured contractor is sent to their home base where medical treatment comes with the threat of termination of employment. Or you actually are so severely injured that you are sent home via the military medivac system and never return to overseas country. DoL is denying claims based on "lack of medical documentation" within a certain time frame of the "accident/incident" that causes the injury, even though the injured contractor has documentation that the "accident/incident" occurred in an overseas country, and medical documentation (but it is not within the 10-30 day time frame). Would somebody please explain to me how to get medical documentation from a war zone within 10 days of the “accident/incident” when your injuries are received outside of a military base, supposed to have been documented by the employer company personnel when you arrive at the closest safe haven military base, then when the injured contractor is sent to their home base where medical treatment comes with the threat of termination of employment. Or you actually are so severely injured that you are sent home via the military medivac system and never return to overseas country.

DoL is denying claims based on “lack of medical documentation” within a certain time frame of the “accident/incident” that causes the injury, even though the injured contractor has documentation that the “accident/incident” occurred in an overseas country, and medical documentation (but it is not within the 10-30 day time frame).

]]> By: defensebaseactcomp http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-15 defensebaseactcomp Sat, 18 Apr 2009 23:55:15 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-15 Honored, of course Honored, of course

]]> By: Ms Sparky http://defensebaseactcomp.wordpress.com/2009/04/18/dropping-the-dba-ball/#comment-14 Ms Sparky Sat, 18 Apr 2009 23:34:11 +0000 http://defensebaseactcomp.wordpress.com/?p=80#comment-14 Wells said. I think I will do a post on this and link to your post if you don't mind. Don't be discouraged. They play the blame game, just like the DoD and KBR. We have to keep calling them on their crap. Ms Sparky Wells said. I think I will do a post on this and link to your post if you don’t mind.

Don’t be discouraged. They play the blame game, just like the DoD and KBR. We have to keep calling them on their crap.

Ms Sparky

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