Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Archive for January, 2011

Tangiers International, AIG’s Third Party Medical Provider and SpyKids Investigation, Why no answers from the DoL?

Posted by defensebaseactcomp on January 31, 2011

In July of 2009 an injured contractor posted a video here of the Vice President of  Tangiers International, Cabot Gosling,using an ID Card that claimed he held a position as a Criminal/Civil Investigator with the  Department of Labor  to identify himself when confronted by the injured contractor he was stalking.

Under federal law, it is illegal to impersonate a government official, a crime punishable by up to three years in prison.

This was after Tangiers International had already claimed on it’s website (which was captured here before they removed it ) :

Our proven track record in Iraq has resulted in:
The U.S. Department of Labor using Tangiers International as the primary DBA provider
and Third Party Administrator (TPA), where we handle dozens of
claims each month.

According to Shelby Hallmark the incident was forwarded the Office of the Inspector General for investigation

T Christian Miller says here that

Tangiers has made a specialty of investigating claims arising from the wars in Afghanistan and Iraq — a growth industry with claims soaring from fewer than 100 per year to more than 7,000 in 2008. Contractors now outnumber soldiers in Iraq and Afghanistan, according to Pentagon figures.

If Tangiers’ business ethics were put into doubt, scores if not hundreds of claims could be affected. The authenticity of documents produced by the firm could come under legal question, adding time to an already lengthy claims process in which contractors spend months and sometimes years battling for benefits.

So Shelby, why aren’t we allowed the know the results of this investigation?  Why did you never contact the witness, the man who was being stalked ??

Injured Contractors, never, ever sign a HIPPA release that your own attorney did not write up and never give authority for Tangiers to acquire your medical records, never.

They may claim to know what medical care you require, check their ID…..

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Follow the Money, Injured Contractors, Misjudgements, Political Watch, Racketeering, spykids, T Christian Miller | Tagged: , , , , , , , , | 4 Comments »

Civilian contractor contributions vital to war effort

Posted by defensebaseactcomp on January 31, 2011

There are no less than 14 decorations and other awards specifically intended to honor the service of contractors, subcontractors and government employees. Yet it is rare to find anyone who has benefited from such accolades. DOD awards policies governing civilian military in war zones, if any do exist, sadly lack implementation.

These new-age warriors are defending American freedoms wherever and whenever there is fighting. They are not behind the lines; there are no lines, only a 360-degree battlefield. They are America’s unsung heroes.

By Gerald T. Peil Special to the Stars and Stripes

Recently, our nation’s colors were lowered to half-staff at a tiny contractor outpost tucked away among the foothills of Afghanistan. It is a sober reminder of the grievous cost that comes with doing business here. Sadly, however, most Americans will not know of the sacrifice behind this solemn act; neither will they know of the hundreds before who have perished.

Never has American military intervention relied so heavily on the involvement of Department of Defense- and State Department-backed U.S. civilians as it does today. Lured to service out of sheer necessity, our nation has raised what is, in effect, a civilian army — one that is decisive in waging today’s wars.

Since Sept. 11, 2001, thousands of these civilian military personnel have deployed in direct support of Operation Enduring Freedom and Operation Iraqi Freedom. Hundreds have paid with their lives; many hundreds more have been wounded.

Independent contractors, subcontractors and a multitude of government employees are performing countless functions critical to the success of ongoing combat operations and reconstruction projects. They are immersed in the training and equipping of Iraqi as well as Afghan security forces. They have implemented never-before-possible infrastructure and quality-of-life programs critical to the health, morale and welfare of our troops. They provide individual and collective security measures at nearly every installation in theater. Today’s civilian military personnel are as essential to the accomplishment of coalition objectives as any soldier, sailor, Marine or airman in uniform.

Populations of civilian military in war zones approach and often times surpass that of uniformed fighting forces. Nevertheless, there is little mention of their successes, bravery or casualty reporting by news agencies or political organizations. They come and go from combat theaters by the thousands virtually unnoticed. As such, expressions of gratitude are conspicuously absent. You will not see them represented during parades or at formal functions. More often than not these men and women are looked upon with suspicion, labeled as mercenaries, even demonized. …

Civilian military personnel in combat zones not only match deployment ratios of their servicemember brethren, they routinely exceed them. Not unlike their military counterparts, they are volunteers and patriots who have evolved into a form of combatant directly backing uniformed fighting forces. They are safeguarding America’s survival and economic interests — in fact, defending the Constitution of the United States “against all enemies, foreign and domestic.” Replicating these contributions would require the addition of a great many fully manned military organizations — a luxury our all-volunteer forces can ill-afford.

Members of the armed forces engaged in the fight to defeat terrorism will receive formal recognition upon completion of their overseas tours. In contrast, the vast majority of civilians get nothing. There are no less than 14 decorations and other awards specifically intended to honor the service of contractors, subcontractors and government employees. Yet it is rare to find anyone who has benefited from such accolades. DOD awards policies governing civilian military in war zones, if any do exist, sadly lack implementation.

The American people rallied to the heroic efforts of firefighters, police and paramedics when the towers fell and rightly so. We must now pay tribute to the legions of civilian military personnel who have reinforced the ranks of coalition forces in the global war on terror. These new-age warriors are defending American freedoms wherever and whenever there is fighting. They are not behind the lines; there are no lines, only a 360-degree battlefield. They are America’s unsung heroes.

Command Sgt. Maj. Gerald T. Peil (retired) is an independent contractor in Afghanistan.

Thank you and please read the original here

Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing, Department of Defense, Injured Contractors, Iraq | Tagged: , , , , | 1 Comment »

Who Do I Complain to that the DBA Insurer has no Duty of Care ?

Posted by defensebaseactcomp on January 31, 2011

We found this question being asked quite a few times this morning.  We certainly do not have the answer.  If we did this blog would not be necessary.  The Department of Labor refuses to respond to our questions though they have a public information email address.

It is obviously not the Department of Labor or their  Administrative Law Judges.  They recommend and order that the DBA Insurer must provide medical care, is LIABLE for medical care, but they do nothing to see that it happens.

South African Injured Contractor Daniel Brink Loses Family, Loses
Home, nearly loses life due to CNA Insurance Company

They do have the ability to deny the right to sell DBA insurance to any of these companies that so recklessly delay and deny medical benefits that they have been contracted to provide.

Maybe the Department of Labor could tell us why they have not denied the privilege of selling DBA insurance to these companies who refuse to provide medical?

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Delay, Deny, Department of Labor, Dropping the DBA Ball | Tagged: , , , , , , | 4 Comments »

Wade Dill Casualty Counted: PTSD Suicide Defense Base Act Claim Awarded

Posted by defensebaseactcomp on January 30, 2011

It is difficult to consider this Justice after what KBR and here,

AIG and their attorneys and the Department of Labor

have put her and her daughter through these many years

but

Just it is

On January 21st a decision by ALJ  Steven B Berlin

Dill vs. KBR SEII and AIG

awarded

Barbara Dill

Defense Base Act Benefits for the PTSD Suicide Death of her husband

Wade Dill

upon his return from Iraq more than four years ago.

We have the decision and will update with more details, surely there is more to come

as well as thanks to the many people who helped shed light on the truth, but for now

Barbara and Sara may you rest a bit easier knowing that

a belated Justice has been bestowed upon

yours and your husbands good names

Posted in Contractor Casualties and Missing, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, Dropping the DBA Ball, Iraq, OALJ, PTSD and TBI, T Christian Miller | Tagged: , , , , , , , , , , , , | 4 Comments »

Why Thar’s Gold in Them Injured Contractor’s DBA Claims

Posted by defensebaseactcomp on January 29, 2011

Or So You’d Think……..

Seems like just yesterday one  Houston Attorney was bragging to the media

that he was one of only a few attorneys across the country who even handled

Defense Base Act Claims

-for better or worse-

For too many of  us here it proved to be for worse

As of late there are a rash of new websites up for Attorneys

who want to represent you in your DBA claim

In the words of one Attorney

“there is so much money, just there for the taking”

He was not referring to the claimants award

We welcome new untainted blood to the DBA Attorney gene pool

We are pleased to have more attorneys advocating for the injured contractor

when indeed that is their intention

But please do not do further harm to the injured and widowed by taking on claims

you are ill prepared or inclined to put up a tenacious and timely fight for

To those of you who know the law and will advocate for the claimant

Welcome to the Wild Wild West

but it’s no gold mine

Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers | Tagged: , , , , , , , | 1 Comment »

Afghan Suicide Bomb targets ExPats at Kabul Grocery

Posted by defensebaseactcomp on January 28, 2011

The American embassy said: “Numerous innocent Afghan and international civilians were killed and wounded in this senseless act.

Afghan intelligence officials said four Filipinos and two Afghans were confirmed among the dead when a lone gunman opened fire, threw at least one grenade and then detonated his explosive harness.

Number of killed raised to nine

The powerful blast killed at least 8 people including three western women who were shopping in the store at the time and injured six.

Sayed Kabir Amiri, the Kabul hospitals chief, said five people were treated in emergency rooms and eight others admitted. At least three foreign men, he added, were among the injured.

Kabul Suicide Bomber Targets Western Diplomats

Afghan intelligence officials said four Filipinos and two Afghans were confirmed among the dead when a lone gunman opened fire, threw at least one grenade and then detonated his explosive harness.

Women and a child were among those killed.

The Taliban immediately took responsibility in a text message claiming it had targeted the chief of the Blackwater security contracting firm.

The 2.30pm (10am GMT) blast struck Finest Supermarket in the relatively secure central Wazir Akbar Khan district which is popular with embassies.

The shop is across the road from the fortified British embassy compound and is frequented by expats for its range of Western groceries. Witnesses said the shop was full of foreigners on what is the Afghan weekend.

Posted in Afghanistan, Blackwater | Tagged: , , , , , , | 2 Comments »

ALJ Stephen L Purcell appointed Chief Administrative Law Judge

Posted by defensebaseactcomp on January 27, 2011

On January 16, 2011, Stephen L. Purcell was appointed Chief Administrative Law Judge.

Judge Purcell served as the Department’s Acting Chief Judge beginning March 4, 2010, and was the Associate Chief Judge for DOL’s Longshore and Traditional programs from 2007 to 2010.

Congratulations ALJ Purcell  and  Thank you for taking the job on permanently

Posted in Defense Base Act Law and Procedure, Department of Labor, OALJ | Tagged: , , , , | Leave a Comment »

Blackwater, we beg to differ

Posted by defensebaseactcomp on January 26, 2011

From Mothers:  No Justice for our Sons Slaughtered in Iraq

The company has no comment on this
pending legal matter except to say that the dismissed claims were
precluded by law under the Defense Base Act’s workers’
compensation system, and

that the company continues to provide
survivors’ benefits to the families under that system.”

Blackwater has not spent on dime on DBA insurance.  Eric Prince even testified before Congress that DBA insurance was cost reimburable to Blackwater.

If the survivors are being paid DBA benefits it is the insurance company paying them, not Blackwater.  The Insurance Company will be reimbursed any benefits they pay out plus an administrative fee by the US Taxpayer.

While we’re on taxes here, these four slaughtered sons were classified as independent contractors for tax purposes but represented as employees for the purpose of purchasing the required DBA Insurance.  Like Ronco Consulting did they simply back date and produce  new contracts when then they needed to file DBA claims?  Or did they just never get in trouble for this fraud.

Blackwater has not missed a profit aside from their legal fees which would have been better spent supporting these families.

By 2oo4 Contractors would have know what they were getting into but no one expected to be sacrificed so you could cut corners.

Posted in Blackwater, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Exclusive Remedy, Misjudgements, Political Watch | Tagged: , , , , | 1 Comment »

Rufford Hobby Hobson, EOD Contractor Obituary

Posted by defensebaseactcomp on January 26, 2011

Farewell Good Friend

Rufford “Hobby” Hobson

Visitation will be in the J.W. Call Funeral Home Chapel at 12 noon on Saturday.

Funeral services will be 1:00 p.m. Saturday, January 29, 2011 in the J.W. Call Funeral Home Chapel.

Burial will follow in the Johnson Memorial Park at Pikeville, Ky.

Military services will be conducted at the gravesite by the Wright Patterson Airforce.

Rufford Butler “Hobby” Hobson, age 79, of Hickory Creek, Texas, passed away, December 19, 2010 in Hickory Creek, Texas.
He was born in Floyd County, Kentucky on October 9, 1931 the son of the late Edgar and Hazel Nunnery Hobson. Along with his parents, he was preceded in death by one brother, William Edgar (Billy) Hobson.
He served in the US Army and then the US Air Force where he retired a CMsgt.

He continued to serve his country in Bomb Disposal until his death.

He served in Korea and Vietnam. He loved his country.

Among his many achievements in the Air Force were, Bronze Star, Air Force Conduct Medal with Six Oakleaf Clusters, Small Arms Expert Marksmanship Ribbon, NCO Professional Military Education Ribbon, Army Good Conduct Medal with Three Knots, Korean Service Medal with One Star, Air Forc Longevity Service Ribbon with Six Oakleaf Clusters, National Defense Service Medal with One Star, Vietnam Service Medal with Four Bronze Stars, Republic of Vietnam Gallantry Cross with Palms, Republic of Vietnam Compaign Medal, United Nations Service Medal, Air Force Presidential Unit Citation, Meritorious Unit Citation, Air Force Outstanding Unit Award, Air Force Commendation Medal, Meritorious Service Medal with One Oakleaf Cluster, Vietnam Honor Medal, Combat Infantry Badge, Master EOD Badge, Master Missile Badge.

He is survived by three daughters, Rhonda Coleman (Ronald) of Tampa, FL, Deborah Bass (Eugene) of Seffner, FL and Belinda Torres (Andres) of Seffner, FL.

Two sisters, Josephine Hall of Pikeville, KY and Gaye Hall of Banner, KY.
Seven Grandchildren, Mark Coleman, Jerry O’Neill, Dale O’Neill, Jennifer Tellez, Gene Bass, Ariel Torres and Yesenia Tores.
Ten Great-Grandchildren, Anthony Coelman, Drew O’Neill, Andrew Coleman, Dustin Coleman, Hayley Farr, Katelyn Farr, Gabriel Tellez, Kaylee O’Neill, Anneliese Tellez and Elaine Torres.
Serving as Pallbearers will, Eugene Bass, Andres Torres, Jerry O’Neill, Dale O’Neill, Gene Bass and Drew O’Neill.

In lieu of flowers, contributions in his memory may be made to the D.A.V. Chapter of Johns Creek, 658 Rock Road, Pikeville, Ky. 41501.

Posted in Civilian Contractors | Tagged: , , , , , | 7 Comments »

IED Casualties in Afghanistan Spike though still no mention of Contractor Casualties

Posted by defensebaseactcomp on January 26, 2011

With more contractors in Afghanistan than Troops certainly there is a large number of unreported Civilian Contractor IED Casualties.  Despite the lack of interest in these casualties one would think at least the expense of these hidden casualties should be brought to the attention of the American Taxpayer.

The number of U.S. troops killed by roadside bombs in Afghanistan soared by 60 percent last year, while the number of those wounded almost tripled, new U.S. military statistics show.

Contractor sitting here still fighting for Medical from ACE

by Craig Whitlock at The Washington Post

All told, 268 U.S. troops were killed by the improvised explosive devices, or IEDs, in 2010, about as many as in the three previous years combined, according to the figures, obtained by The Washington Post. More than 3,360 troops were injured, an increase of 178 percent over the year before.

Military officials said an increase in attacks was expected, given the surge in U.S. and NATO troops, as well as the intensified combat. Even so, the spike comes despite a fresh wave of war-zone countermeasures, including mine-clearing machines, fertilizer-sniffing dogs and blimps with sophisticated spy cameras.

The U.S. military has struggled for years to find an antidote to the homemade explosives. IEDs – concocted primarily of fertilizer and lacking metal or electronic parts that would make them easier to detect – are the largest single cause of casualties for U.S. troops, by a wide margin.

Army Lt. Gen. Michael L. Oates, the director of a Pentagon agency dedicated to combating the bombs, noted that the percentage of IED attacks that have inflicted casualties – on U.S., NATO and Afghan forces, as well as Afghan civilians – has actually declined in recent months, from 25 percent last summer to 16 percent in December, according to U.S. military statistics.

“My main concern is driving these effective attacks down,” he said. “We’re enjoying success there, and I do believe we’re going to continue to reduce [the enemy's] effectiveness.”

Oates and other military officials have emphasized figures showing that IEDs killed fewer troops in the NATO-led coalition last year than in 2009 – a slight decline, from 447 to 430.

A further examination of those numbers, however, shows that casualty rates among U.S. troops have skyrocketed as they have taken over responsibility from European allies for fighting in southern Afghanistan, where resistance from insurgents has been most fierce. Meanwhile, casualty rates among allies have dropped.  Please read the entire story here

Posted in Afghanistan, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Delay, Deny, Department of Labor | Tagged: , , , , , | Leave a Comment »

 
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