Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Why does the question of whether DBA attorneys take kickbacks come up so often?

Posted by defensebaseactcomp on August 15, 2010

We’ll start this with our disclaimer:

We do not know if any Defense Base Act Plaintiff’s  attorneys  take financial kickbacks or any other possible kickback  from DBA insurance companies.  We just see the question come up often.

These are our own plaintiff’s attorneys that this question is being asked about.

Financial reward is likely the driving force behind the DBA insurance company defense attorney, though we suspect it is more a sport for a few of them.

But offering, or taking, a bribe to throw an injured contractor’s claim at a hearing or talk him into taking a much smaller settlement than he is entitled too,  would have disastrous legal implications for any attorney who were caught.  The insurance company would probably not miss a profit.

Never the less, this question remains a very hot topic.  One that many would be compelled to ask when researching the outcomes of claims of Injured War Zone Contractors and the Death Benefit Claims of those who did not survive.

If not for financial reward then what would drive an Attorney/Lawyer  to allow an insurance company to deny benefits to clearly maimed and/or mentally disabled persons without putting up the best fight possible utilizing every resource available to them?

The Reasonable costs of representing a claimant must also be paid by the insurance company and it is not the Insurance companies’ attorney who decides what legal costs will be paid, it is the Judge.

The lack of effort and resources put into most DBA Claimants cases saves the insurance companies billions of dollars without ever an outright exchange of dirty money necessary.

8 Responses to “Why does the question of whether DBA attorneys take kickbacks come up so often?”

  1. anonymousonpurpose said

    Hello again,

    I AGREE 100%!! How did my lawyer manage to lose my case despite ALL of the evidence and the law on my side?

    Why did he ignore the most basic legal question when it comes to an injury in a “danger zone”? I repeatedly told him to argue this in his brief! Not even mentioning letting the other side get away with not providing an incredibly important piece of evidence that everyone who goes over there has!

    Why for that matter did he not even put a brief into the record?

    How does he think he can get away with telling me to go on “Social Security and Medicaid” without repercussions? You know who you are and I am COMING AFTER YOU YOU LITTLE SHIT!

    You LIE, CHEAT, AND STEAL THE MEDICAL BENEFITS I EARNED BY RISKING MY LIFE IN A WAR ZONE AND THINK NOTHING IS GOING TO HAPPEN TO YOU? I am going to sue your ass for large sums of money and try to get you disbarred you scum sucking insurance prostitute! You will rue the day you decided to take a bribe and throw my case….

    JMHO… :-)

  2. Going Silent said

    OH!!! This could get interesting…

  3. brit guy said

    I am not defending the blood sucking scum earning a living from us illegally.

    I would just say that a lot of these attorneys do not understand the rules or the law with which they are dealing.

    In a conversation with my attorney the other day I raised an interesting point I do not want to go into details here for obvious legal reasons.

    Here is the conversation
    I asked my question

    Attorney “Well it has always been done like that”

    Me “Ok but just because it has always been done like that does it make right or more importantly legal”

    Attorney “I would have to check”

    Me “I already have and the Bar association of the USA said that it was not legal and I would have to file a complaint in the attorneys home state”

    Attorney “Hm not sure about that as it has always been done that way as I explained I will have to check”

    So in fairness to him I am awaiting a reply and I can tell you he is not an insurance company whore.

    But this may go some way to explain the problem as even the attorneys and I am talking of experienced ones do not know the rules.

    Not that the insurance companies or the blood sucking scum they hide behind worry about the rules.

    • defensebaseactcomp said

      You have brought up one of our biggest problems in this system.
      “The way it’s always been done” is not the way it is supposed to be done.
      Congress wrote the law, the DoL wrote the CFR’s to implement the law and even they do not follow them.
      Where along the line the DoL began to twist their own rules to accommodate the insurance company is a mystery.

      When a claims examiner tells you something is done “generally” this way you need to put their own rules in their face, and when that doesn’t work, which it doesn’t, then we have to take more drastic steps.

      Just because it’s always been done does not mean it is going to be allowed to continue to be done that way.

  4. Going Silent said

    I think its very important for people to invovle themselves in their cases. Try to know the law and rules pertaining to such things. It helps you to help your lawyer, and also helps you to know when your getting shafted. It’s nice to have a great lawyer and sit back for the win. But, I don’t trust em. I’m always prepared to bring my own evidence up at a wrong question. I’ve had a district attorney bare questions relating to evidence. Only to have him improperly pose a question enabling me to bring that evidence in his face. He lost. I won. SO What happens when these people don’t follow the law??? It seems to me Britguys attorney already knows something is foul. So why has it not been addressed. Seems to me that it would be grounds for an appeal.. to whomever the appeal is suppossed to be sent?? The judge and or lawyers would be in big trouble. And the case would be overturned.

  5. anonymousonpurpose said

    Hello,

    IT’S THEIR JOB TO KNOW THE DBA LAW!!!!!!!!!!!!!!

    It is not very long,and not too complicated. My lawyer was told by me over and over what to argue. IF HE HAD DONE WHAT I ASKED HIM THERE IS NO WAY THE “judge” could have sided with the insurance company because the law is so straightforward with “exacerbation of a pre-existing injury!”

    Under the “aggravation rule,” where an employment-related injury combines with, or contributes to, a pre-existing impairment or underlying condition, the entire resulting disability is compensable and the relative contributions of the work-related injury and the pre-existing condition are not weighed to determine claimant’s entitlement. See, e.g., Strachan Shipping Co. v. Nash, 782 F.2d 513, 18 BRBS 45 (CRT) (5th Cir. 1986).

    HOW MUCH MORE STRAIGHTFORWARD CAN THE LAW BE?

    I did NOT have a pre-existing condition, but EVEN IF I DID, their argument is a moot point because of the above caselaw!

    MY scum bag insurance prostitute lawyer did not even file a brief! I believe he was in bed with the insurance company because immediately after losing he acted like “THAT’S IT! Get on SS Disability and Medicaid…” are you fuckin kiddin me? He did not do his job, at all, and expects me to live with this the rest of my life??!! I am going to do my best to get him dis-allowed from future DBA claims, disbarred, and put large sums of money into my bank account to compensate me for my physical and emotional TRAUMA caused by his actions!

    I wish him all of the harm which he has caused me….

    Have a Great day! :-)

    • Going Silent said

      Your right!! I’ve read that. Thats why I’ve asked about all this disclosure that the Ins companies feel they are entitled to. My VA records are protected by federal law, and once released are no longer protected. Instead of a broad release. It should be limited to only the affected part of the body. Also it is a no brainer because a previous injury does not preclude the claim. Its really a waste of paper or should be.

      • anonymousonpurpose said

        Oh Yeah Going Silent!

        I cannot tell you the trepidations in signing those G-damn release papers.

        WTF right do those F#cking @ssholes have to know everything about me for?

        Who would not feel VIOLATED by having their entire life exposed for any G-Damn para-legal prick in these law firms to peruse at their leisure…not even to mention how they try and use COMPLETELY UNRELATED information against you!!!

        #UCK THEM!!!

        This is my LIFE…GET THE %UCK OUT OF IT!!!

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