AIG WAR by T. Lee Marshall
A series on AIG and the DBA by
T. Lee Marshall
AIG-WAR
War-injured Americans are a resource for the American International Group.
AIG is KBR’s workmen’s compensation carrier; paid by and bailed out by the taxpayer.
I was a convoy bulk-fuel truck driver for KBR. In May, 2005, FOB Spiecher, I fell from atop an army fuel tanker, shattering my right hip.
Following five surgeries and four years of wheelchairs and crutches, I could finally walk, somewhat assisted by cane. The price of using two legs was severe pain in my spinal cord.
In response, two doctors requested an MRI to “get a closer look for any damage.”
Their requests were denied and AIG promptly terminated my disability compensation and medical treatment, i.e., their liability. The mere hint of a spinal injury sent my medical claim scrambling from doctors practicing medicine to AIG practicing medicine. The due date for my disability check came and went with no explanation from AIG.
AIG later filed Form LS-207 “suspension, termination of compensation” with the Department of Labor. “Employee medically non-compliant. Employee uncooperative. Employee failed to attend two Independent Medical Evaluations,” were cited reasons for termination. No mention was made of a suspected spinal injury or the requested and denied MRI. I asked AIG for clarification. AIG was silent.
The DOL later clarified AIG’s charges. Within a week, I had proven to the DOL that Federal Document LS-207 AIG submitted terminating my benefits was falsified. To put it nicely, AIG’s reasons were outright lies. Falsifying Federal Documents is a felony.
My doctor ordered twelve physical therapy sessions. I completed eleven when AIG scheduled an exam with my doctor expecting some miraculous recovery. I could barely walk; looking half dead and using a cane. “Did the doctor release you?” was the first question AIG’s case manager asked as I emerged from the exam room.
My doctor terminated the physical therapy. I did not complete all twelve sessions. AIG charges me with “non-compliance.” I demanded all communications in writing and restricted their case manager from the exam room. I wanted her forced to base her reports on the doctor’s case notes. AIG charges me with “uncooperative.” AIG scheduled an IME for 24 February, and then rescheduled it for 04 March because of a conflict with the spinal exam.
AIG’s local case manager was advised of my impending spinal exam. The case manager then advised AIG. Within minutes, I received an email cancelling my March IME “as per insurance carrier.” AIG rescheduled the first evaluation and canceled the second. AIG charges me with “employee failed to attend two IMEs.”
Reputable companies, once their charges were found to be a mistake or mis-communication, immediately rights the wrong. Reputable companies would not deal with human lives and their families with AIG’s depraved indifference. AIG’s refusal to reinstate implicates intent to defraud. “We didn’t know,” cannot be a defense.
The DOL requested an update for my case file. The documents AIG submitted substantiated my evidence proving the company lied. AIG had those documents in their possession from the beginning. The use of false charges to terminate benefits is a felony.
The Dept of Labor has requested reinstatement of my benefits in reply to every form AIG submits and re-submits. “In consideration of [my evidence],” writes the DOL in a letter to AIG’s law firm, “…there appears to be no basis for the employer/carrier to have terminated Mr. Marshall’s entitlement to compensation and medical treatment.” Still AIG persists with the same charges. What I proved to the DOL means nothing.
AIG reigns over the injured with no fear of accountability.
There are Federal penalties in place to protect the claimant from such abuses. It is the DOL’s mission to enforce those penalties, but they fail. The DOL is limited to making requests. The only authority AIG recognizes is the Administrative Law Judge. Unfortunately for the contractor, AIG has paralyzed the system with hearings from the war-injured they deny.
Thirty-one thousand contractors injured, 1400 dead, and AIG made 100 billion off our blood while paying out less than one percent in medical care. Why does the Department of Labor and the Administrative Law Judges excuse these Corporations of felonies? If the Corporations were held accountable to the Longshore Act and United States Code the system would not be paralyzed.
According to UCMJ § 802. Art. 2.(a)(4)(10), AIG, CNA, KBR, all contractors, are subject to military law.
Could the money bloating these fat corporations be better spent?
And we, the American taxpayer, own 80 percent of AIG.
T. Lee Marshall, “Streetgang”
KBR, Iraq 2004-2005
AIGfelonies@exorealm.org
I too was injured in Iraq after being shot several times during an ambush. AIG owes me over $65,000 in underpayments. I have 6 damaged nerves and PTSD, which was verified by two psychologists. AIG wants me to go to their doctor for his opinion on the PTSD. This seems like a total waste of money since they already have a second opinion (which they asked for), from the second psychologist.
I understand from watching the congressional hearing held on the 18th of June, that AIG will profit another 15% for the costs associated with getting a third opinion. Those costs will involve a round-trip flight from Boise to Houston, a Hotel for probably two nights, meals and transportation. Have you ever heard of getting a 3rd opinion? What a waste of the American taxpayers’ money!
In your case, I wonder if the FBI can investigate AIG’s apparent criminal activity. I would think they should be the agency involved with the investigations and charging the “organized criminals” appropriately.
Thanks for joining us here at the blog Terry.
Flying from anywhere, much less Boise, to Houston to see AIG’s doctors is one the worst abuses of the injured contractor and the taxpayer that has been allowed to happen by the plaintiff’s lawyer and the Department of Labor. It is obvious why the defense lawyer would think this is OK.
You can see the results of many of these trips to Houston at the X Files
http://www.americancontractorsiniraq.com/XFiles
So far we’ve not heard of anyone being asked to attend a second Defense Medical Examination. They have drug your case out for quite awhile haven’t they?
If there is a dispute after the taxpayer paying for two opinions I would think this is the time for the Department of Labor to request and arrange for an Independent Medical Evaluation as provided for under the Defense Base Act.
The chances of an unbiased evaluation would be much greater.
Under NO circumstances do you have to fly to Houston to see AIG’s doctors. That is way past “reasonable”. They are under scrutiny for this sort of abuse right now and it is amazing that everyone involved would still try to pull this stunt.
I
I have made a complaint to my congressman (Walt Minnick). I am not sure he can do anything, but at least he is aware of the problem. We are also trying to get the Attorney General of Idaho involved. Once again I don’t know what he can do, but not allowing AIG to do business in Idaho would be a great start.
Everyone needs to keep political pressure on AIG to get these cases resolved quickly so as not to further medically and financially damage our contractor’s lives.
Terry,
That’s an excellent idea to have the FBI investigating AIG for their torture of American (and other) Military Contractors injured or wounded in Iraq and Afghanistan.
I also was injured serving our troops in Kandahar. AIG denied my case as soon as I got home for medical treatment. I had no say as to whether I was to come home. They SENT me!
I contacted my Congressman, John Hostettler, and he got it opened immediately. He has since been replaced by a democrat that doesn’t give a damn about contractors or their families.
I think the DOL shopuld also be investigated because they ALLOW AIG to do all the horrible things that they do to us.
When my case is finished, I plan to sue AIG’s top adjuster for torture and for permanently crippling me.
That was HIS own personel choice. His bosses back him 100% so they will also be named in the suit. Alaso will be the U.S. Army, the U.N. and the U.S. Government, on whose jobsite we worked.
People tell me it will never fly, but the way I figure it, Nothing ventured…Nothing gained!
Hang in there Brother. Eventually WE will prevail!
Be Well and May God Bless You and Yours!
Your Brother in Liberty,
Jim Mallett
Wheatland, Indiana
terry i dont now if you remember me or not but i was in flatbeds and hets at anac. and i listened to yours and other radio transmissions the day you were shot. i was also shot in mar. 05 ..it took a year to get compensated. they said they woundn’t pay me for ptsd because i went back to iraq after being shot. i had to go back to iraq, i had to finish the job and be with my brothers. a.i.g. are criminals, all of them..congress doesnt care because they have been bought off. dol doesnt care because they are the gov’t.
if enough of us file the kind of lawsuit (maybe class action) the media will pick up more on our plight.
i dont know anything else to do..
im currently waiting on two cases to be settled. they one is 4 years old the other over a year old…they just now got around to saying they will have conference. delay and deny is a.i.g.’s standard operating procedure. the labor dept. has not hired anyone to help with these cases since the war started. jim let us know if you do file so we can get in there and make it a class action.
Thank you all for responding. I have an informal hearing by the DOL on Nov. 3rd. In reference to my comment about getting my congressman involved, they received a written response from AIG. The response stated they are not going to deny I have PTSD or that I was injured, but they are going to fight permanency and the wage amount.
The doctors told me I have six damaged nerves. I hurt all the time, so I don’t know why they are going to fight permanency. This happened over 4 years ago and things are not likely to change with the exception of getting worse as I get older.
As for the wage amount, there is now case law that states we get the maximum amount no matter how long we were over there.
It is too bad one of us does not have an attorney in the family who would take on our cause and sue the adjusters, CEO’s, Dr. Silverman and the other Doctor (for malpractic) and everyone else involved in this mess.
Take care my friends and hang in there.
Terry
PS Jayhawk, how bad were you injured? I bet it was stressful just listening the the ambush over the radio. It sure was being in it! Have you seen Preston’s video of the attack?
terry,
i got shot twice in the left hand. took one finger and damaged one. got bullet fragments in the left hand to this day. yes i have seen prestons video. gives me chills, it was hard to watch. i went to mc kenzie after you guys got hit. got pics of the convoy. a bradley got almost cut in half on that road by a command det. ied
five died in it. aig cant figure out why i went back after being shot. i would not expect them to understand. they claim that my settlement for my finger covered the ptsd too. there is nothing in the first claim about ptsd.
they are criminals. the labor dept. is their protector now that the gov’t owns most of it. we will never be treated like we are supposed to be. the media has branded us war profiteers and mercenaries. if i would have known what kind of crap this country was going to put me through i would have never gone over to help.
Guys pleeeeeeease tell me how does one get AIG’s attention? I was injured in Iraq in August 08 and took me until late April 09 to get treatment and have AIG agree to it. AIG still refuses to pay me workers comp and thumbs it’s nose at the DOL. Had a court hearing but continued because AIG told DOL they want to pay be but failed to tell them they want to beat me out of three months pay. One is one to do? How do I get their attention? My attorney is getting the run around too! Need help also broke and no money coming in. JL
I am told if I change lawyers it will be out of my pocket because of the DBA stating they will (AIG) only pay for one attorney. Frustrated because AIG told the DOL ” oh yea we plan on paying him ” but did not tell them they were going short me by three months. I could go along with that. Open for other suggestions, JL
Jibadd,
Contact Dennis Nalick, on this page, and tell him your story. Also, keep the letter, or a short dated narrative if you were told, via telephone of the three-month penalty imposed by AIG for changing lawyers. That issue can always be confronted later. What is primary is competent legal representation.
T Lee Marshall thanks for the tip. I will call him Monday after checking with my attorney one last time. I don’t want to piss off to many people. Thanks Again. JL
Hello everyone glad I found this blog. I too are having big time problems with AIG. My congressman/senator could not get involved because my case was in adjudication. AIG knows that and as long as it is in adjudication pending an hearing before a so called judge it buys AIG time hoping one will go away. Funny the person I was dealing with at AIG knew what she could get away with and did not fear the Department of Labor. Not sure what’s going on here but no one wants to step up to the plate. They want us to go work overseas and risk our lives but when we are hurt they want us to go away. In closing just want to say Kitty Dixon at the Dallas AIG office is heartless, cold, mean and does not care about one but AIG and how she can beat one out of what’s due to them. I hope so one is reading and paying attention to this blog! Hurt and suffering in GA.
Oh yea! AIG just made an big profit this last quarter some of it belongs to the war workers they refuse to pay!!
Many congressmen and senators have become involved in DBA claims. Yours may be thinking your claim is in a real court system where the term adjudication might apply.
The injured contractors are the only ones who are bound, literally, by the DoL’s Administrative Law system.
Thanks for joining us here at the blog.
I am not sure why I am in adjudication becuase AIG already agreed I am hurt, they are treating me but don’t want to pay my worker’s comp. I don’t understand or get it. Why is adjudication needed to tell AIG to pay me what’s due under the law? It’s frustrating to me.
I tried to get both my congressman and senator involved but there is an hands off in my case. Twice I was scheduled for an court hearing and both times continued because AIG claims they were close to agreement. I am not sure how that was possible since they were NOT talking to or returning my lawyers calls. As I see it the only ones benefiting are the lawyers especially the one working for AIG. The longer he puts my case off the longer he stays on the payroll. What’s wrong here? Is our government not listening to us or blind to what’s going on?
Department Labor is not looking out for us or doing their job that’s the bottom line here. I think they are too cozy with AIG for what ever the case might be. (you read between the lines).
How do we get the attention of AIG and the American public? A large chunk of AIG is owned by the American Taxpayer. Someone tell me and throw some ideals out here. Not sure how much longer I can last.
Hurt in Ga.!
-From what I have found, especially in my state of Utah, the Republican Party seems to be more the Corporate Party, supporting the Corporation more than the people– I suppose the Corporations donate more campaign funds than do the people.
-Keep sending your letters to your local politicians, but keep proof of your submissions. It could be valuable later– if not for your cause, but for the greater cause of every war-injured.
-Duplicate your submissions and send them to Cummings and Kucinski. AIG testified they “couldn’t discuss individual cases.” If your case is particularly corrupt as mine was, if this investigative committee was more than just window dressing they would use these cases as a lead; examine the case file then call the insurance company onto the carpet to qualify their actions. Once the war-injured has opened their case to the government there should be no reason for the insurance to hide behind :confidentiality.” My entire case is available for anyone who asks for the download link. The hard copy weighs 38 pounds.
mr. marshall please keep your personal political opinions to yourself. this forum is not the place for them.
Thank you Jayhawk. This is an important issue affecting more than just the war-injured. The corporate warriors in my state pretty much ignore me. The point is who knew and who did nothing.
Understandable that the mention of the Republican party might come across as political.
In this case the statement is really just a substantiated fact and presented very politely.
Not too mention that this is Mr. Marshall’s forum.
It’s true that we try to keep politics out of this even though we are the victims of politics and corporations. This doesn’t qualify though.
Hoping we can call this a draw and carry on.
whatever you say mr. marshall! if you are going to use this forum to attack republicans count me out..and im sure there are others who feel the same way. you want to get into a political debate on who is more attentive to the needs of us contractors? if not, dont start one.
it is not a matter of your so called facts, it is a matter of
priorities and focus. the apathy of the gov’t goes across party lines.
The elected officials are charged with the duty of representing the people. When they fail in this duty they need to be challenged.
like i said the apathy goes across party lines…its not just a republican thing..