Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Paper Chase-for the Money

Paper Chase—for the Money.

By T Lee Marshall

To expect officers of the court to right the wrongs in this

multi-million dollar money chase would be like expecting

 a Hooker to arrest her Johns. Crime only pays if the criminals

 are left at large.  

The war is only going to last so long. As it ramps down so will

 the number of resources—the war-injured. There will be less

and less brain injuries; shattered, blown off limbs, blast trauma

or bullet wounds to controvert and fund through the legal system.

The well will dry up.

This is the Corporation’s ethical dilemma.  

Remember we are not dealing with Ethics as taught in Grade

School, we are dealing with Corporate Ethics taught in the

seedy back-alleys of MBA universities.

The two definitions never meet.   

Of course, it will take time before the Corporation’s hand

is forced out of the taxpayer’s pocket. For now, they can

sleep at night knowing long after the war is won, the lawyers

will remain to mop-up behind the battles. The lawyers know

as long as they treat the symptoms, not the disease, the pay

checks will still come.  

In addition to the Motion for Sanction which attacks

the Corporation’s license renewal, an Order to Show Cause

could be filed against the corporate claims adjusters,

case managers, lying lawyers and IME physicians, holding all

accountable.

The Order would compel these offenders to appear before

the ALJ to show cause why they should not be fined and

imprisoned, i.e., prosecuted for misrepresentation, according

to the Longshore Act and United States Code, in an attempt to

delay, deny (controvert) disability compensation and medical

treatment to the war-injured.  These offenders are covered.

They are representatives of the employer/carrier.

These offenders would lose their corporate shield which

would lessen the offenses:

“Let’s see—do I do what’s right or do I screw the claimant

and get thrown in jail?”  

Tough choice.  

Is   this extreme? Perhaps not.

They have had six years to get it right.  Then again, perhaps they

have, if your approach is from those who reap the profit.

Here is an excerpt from the ALJ’s Benchbook (an ‘ALJ for

Dummies’ who sit on the bench). Am  I being vicious? No.

They have had six years to get it right. 

It is an Editor’s Note, “Hey, this happened Judges!”

[ED. NOTE: Several ALJs have referred cases to the

United States Attorney’s office. See, e.g., Moore, supra.

At least one judge has referred a case to a state insurance

commission as to the conduct of an insurance adjuster.

Hilgert v. Dresser/Atlas, 93-LHC-912 (May 4, 1995).

Such referrals can be done by ordering the district director

to serve a copy of the Decision and Order on the proper authority,

stating the authority and his/her address in the order, and

providing that “a cover letter shall state that the Decision and

Order is being served for review of the conduct of ________,

described on pages ______ and any other appropriate action.” ]

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