Breathing dust, fumes and other and other toxic substances, exposed troops deployed overseas, and those who worked for government contractors abroad and other civilians, to a serious hazards. Some of the chemicals were very toxic carcinogens and are deadly.
At US Senate hearings it was revealed that the toxic carcinogen, Sodium Dichromate (CAS 10588-01-9), was spread across a ruined water-injection facility in Qarmat Ali, Iraq, when the soldiers were there in the spring and summer of 2003. Thousands of individuals may have been exposed.
A simple evaluation may assist in assessing your exposure and disease which includes: a history which characterized the exposure and preexisting medical conditions of each individual exposed; a physical exam that identified any findings potentially related to a chromium exposure, and medical tests including blood, urine, chest X-ray, and a breathing test (called a pulmonary function test).
As a supporter for the improved health and welfare of individuals against hazardous occupational and environmental exposures, Jon L. Gelman advocates for changes in safety standards and safer use of chemicals. If you have been exposed to burn pit dust, smoke or fumes or Sodium Dichromate, contact Jon Gelman via e-mail or call +1 973-696-7900.
BIDDEFORD — The wife of a Saco man accused of shooting at her and her mother and burning a house down Tuesday had secured a protection-from-abuse order against him on Monday.
Donald A. Henson, 47, was arrested Tuesday night after a three-hour standoff with police at his mother-in-law’s house at 645 Goodwin Mills Road in Dayton. He is charged with aggravated attempted murder, arson and terrorizing.
Police say he shot at his wife and mother-in-law and set two houses and a pickup truck on fire.
Henson made his initial court appearance Wednesday in Biddeford District Court. Justice Paul Fritzsche did not ask him to enter a plea. Henson was being held in the York County Jail on $250,000 cash bail.
Prosecutors had requested $100,000 bail. Fritzsche said he raised it because of Henson’s “incredibly dangerous behavior.”
Henson did not speak during his arraignment. B.J. Broder, the lawyer representing him, said Henson has post-traumatic stress disorder and is disabled.
Broder said Henson was injured in Iraq in 2009 while working as a civilian contractor and it appears that he doesn’t understand his rights because of his mental state.
In an email sent Tuesday morning to Biddeford District Court, a Saco Police Department representative said officers were concerned about Henson’s potential for “homicidal/suicidal” actions
While even the military realizes the dangers of delaying and denying PTSD Diagnoses and Treatment
The Defense Base Act Insurance Companies and their Overly Zealous Defense continue to brutally delay and deny diagnoses and treatment of PTSD to injured war zone contractors, most having served their country in the military.
In fact they are still allowed to force PTSD patients to undergo psychological interrogation by the infamous Dr John Dorland Griffith who has been discredited over and over again, and falsely accused injured war zone contractors of malingering. Many PTSD claims were denied based on his paid in cash testimony.
In case after case treatable PTSD becomes a chronic lifelong condition, destroying lives, shredding families.
Ultimately costing taxpayers and our society as a whole much more in the long run but provide more profits for the insurer and ever more fees for attorneys on both side of this boondoggle.
The Department of Labor presented policy five years requiring PTSD Claims to be expedited but the policy was never implemented.
In a big reversal, the Army has issued a stern new set of guidelines to doctors tasked with diagnosing post-traumatic stress disorder (PTSD) among returning soldiers. Stop spending so much time trying to spot patients who are faking symptoms, the new guidelines instruct. Chances are, they’re actually ailing.
The 17-page document has yet to be made public but was described in some detail by the Seattle Times. In it, the Army Surgeon General’s Office specifically points out — and discredits — a handful of screening tests for PTSD that are widely used by military clinicians to diagnose a condition estimated to afflict at least 200,000 Iraq and Afghanistan veterans.
The Army Surgeon General finds great fault with a dense personality test popular with clinicians that ostensibly weeds out “malingerers,” as PTSD fakers are known.
But the results of what’s known as the Minnesota Multiphasic Personality Test are flawed, according to the report. PTSD sufferers often exhibit anxiety, insomnia, flashbacks and depression — all of which, some doctors believe, can be discounted under the test. The test devotes a large swath of questions to catching apparent exaggerations of symptom severity, seemingly inconsistent answers, or reported symptoms that don’t mesh with the typical signs associated with an illness.
“The report rejects the view that a patient’s response to hundreds of written test questions can determine if a soldier is faking symptoms,” the Seattle Times summarized. Where PTSD is concerned, that’s especially true. The condition is accompanied by symptoms that can differ markedly between patients: Some are hyperactive, others are lethargic; some exhibit frenetic rage while others are simply sullen and depressed.
“And,” the Times continued, “[the report] declares that poor test results ‘does not equate to malingering.’”
Those tests were the standard of care at Madigan Army Medical Center — which is a big deal. Located in Tacoma, Washington, Madigan isn’t just one of the military’s largest medical installations. It’s home to a forensic psychiatry team tasked with deciding whether soldiers diagnosed with PTSD were sick enough to qualify for medical retirement. In March, the Army launched an investigation of the Madigan team after Madigan’s screening procedures allegedly reversed 300 of the PTSD diagnoses among soldiers being evaluated.
The reversals resulted in some soldiers being diagnosed with “personality disorders” and others left with no diagnosis at all. Madigan allegedly used the tests to save money by limiting the number of patients who’d qualify for retirement. “
They can’t seem to take a claim, look at it, make a reasoned statement of how they see it, and have a conversation about it. Instead they see a claim coming, so they scurry. The scurrying gets so fast it’s like watching a magician running a shell game. One of the favorite deceptions has to do with Average Weekly Wage (on the front end) or Residual Earning Capacity (sometimes called Residual Functional Capacity) on the back end.
Average Weekly Wage (AWW) is generally thought of as the rate of pay that an injured worker was making at the time that he or she was hurt. Section 10 of the Longshore Act tells you how to calculate AWW–sort of. For most overseas war zone contractors, AWW is the amount that you would have earned working at your regular, time-of-injury job for one year, divided by 52. This means that you include overtime, hazard pay, and all the rest to your base pay, figure out what a “typical” year would have looked like, and divide by 52. Roughly. If you are unlucky enough to get hurt before you have worked a year, then there is issue of possible annual or completion bonuses. Workers who are hurt in the third year of overseas work, even if each year was a one-year stint, have stronger claims for higher wages than workers who get hurt six weeks after they arrive on base. It’s just how the world works.
Carriers love this simple trick:
Overseas contractors often earn enough that their DBA/Longshore compensation rate is the maximum. So if you’re an adjuster, do you bother to figure out the real AWW? No way: You just say, “This year’s max is $1295.20. The comp rate is 2/3 AWW, which is the same as .666xAWW. So .666xAWW=$1295.20. Therefore AWW=$1295.20/.666= $1944.74.” But $1944.74×52=$101,126.48. Plenty of overseas contractors are making more than that if you include hazard pay, overtime, and so on. So that AWW that the adjuster cooked up is too low. Why should you care, if you get the max rate anyway?
Here’s why: After you get a little medical treatment, suddenly the adjuster sends you a “Labor Market Survey,” claiming that you could be working at $12.00 an hour for 35 hours a week. That’s about $420 per week, or $21,840 per year. So now your comp benefits go down, because the carrier says your comp rate should be 2/3 of the difference between AWW at the time of injury ($1944.74) and your residual earning capacity ($420). $1944.74-$420=$1524.74. $1524.74x.666=$1015.48.
Presto: You lose $1295.20-$1015.48=$279.72 per week, or $14,545.44 per year.
All because the adjuster didn’t want to figure out what your real AWW should be.
Not to give undue credit here, the Claims Examiner was trying to remedy the default per her job description, not confirm that they were in default.
Here is a copy and paste of the body of the correspondence, the full document has been forwarded to the DoL IG for investigation along with computer printout they attached.
Dear Mr Lee
Pursuant to Claims Examiners Kristina Hall’s request of January 3, 2012 and as a supplement to our response dated January 9, 2012, please find enclosed a payment printout showingpayments issued by CNA International to medical providersregarding Mr. Clark. The enclosed printout also shows the recent reimbursement payment of $1,270.34.
Defendents will continue to adjust medical invoices when and as received with accompanying medical reports. Sounds just like they are paying for Injured War Zone Contractors Medical over the years. The reimbursement was for Out of Pocket presented in 2009 and clearly 15 months post order.
Problem here is that these payments were not for provided medical.
One is for a final report, not diagnoses or treatment, requested by CNA prior to hearing , that really made the Doctor mad over wasting his precious time, and the rest are for Defense Medical Examination’s. Pages 3 and 4 were with held but we suspect they include the parade of DME’s that were demanded.
The very abusive DME’s that were required repeatedly and outside of his geographic area. The ones that ALJ Paul C Johnson assisted CNA with.
Not only did CNA represent these DME’s as having provided medical care for this Injured War Zone Contractor when in fact they did not, they reinforced the lie by stating that they will continue to do so.
Unless that is, the DoL IG failed to investigate previous requests or are simply failing to provide documents requested under the Freedom of Information Act.
These benefits were recently taken away by the Benefits Review Board whenAttorney Bruce Nicholson, who was actively pursuing a settlement with KBR/AIG’s Attorney Michael Thomas, had a contract with the widow, was an attorney with the Law Firm of Peyman Rahnama, was the attorney of record with the BRB, did not as much as respond to the Appeal.
WhileBruce Nicholson is the one who apparently purposely abandoned the claim,Michael Thomasand the BRB were more than happy to carry on without notifying the widow that AIG’s appeal of her claim was unopposed.
The man I married was my prince charming.
We had grown up together.
High school sweethearts, we were married 17 ½ years.
I believe that if he had never gone over there he would still be
here today.
Something happened in Iraq.
He committed suicide the morning of July 16th, 2006
He left behind a lot of pain and two ruined lives.
I never dreamed I would be without him
and
my daughter without a father.
Nine years ago you get that phone call you hoped you’d never get
But hey they say, not to worry, the insurance company will take care of everything
Heart is breaking but not to worry
Everything, they say, will be OK
Good thing we’ve been paying for good medical insurance
No way of knowing that the “insurance” was Defense Base Act through CNA, a policy we had never heard of, looked at, or signed for
Or that Administrative Law Judge Paul C Johnson would deem his injuries to be alleged when denying him his rights under the DBA
One day we’ll look back at this and be so grateful for our blessings, for what we’ve overcome………
But one day never comes
What’s that in the way?
CNA
CNA with the assistance of the Department of Labor District Office in Jacksonville
From failing to provide a medical evacuation and abandoning him to the military medical system to defaulting on the order to provide his medical care for nearly two years now after denying for six years.
CNA, their Claims Adjusters, their overly zealous legal representation, and the biased Department of Labor District Office have caused much more physical, mental, and financial damage than there ever had to be.
What should have been temporary disabilities have become permanent.
CNA has denied the looking back one day, the moving forward, the healing
If CNA had simply lived up to their responsibilities rather than playing paper games this family would have long moved on
And the US Taxpayers would not be paying ever more to the War Profiteers CNA and their “representation”
Injured War Zone Contractor Dan Hoagland shares his story of medical treatment denied by KBR/AIG resulting in a death sentence by Cancer with Sean Calleb.
Scott Bloch, Defense Base Act Attorney tells the truth about the Defense Base Act Insurance Scandal and our Defense Base Act Class Action Lawsuit.
employer/carrier’s inadequate or overly zealous representation in defending against a DBA claim may be grounds for denying all or some portion of a request for WHCA reimbursement.
So Mr Rayburn how many War Hazards reimbursements has the DFEC denied
in part or whole over the following
Overly Zealous DBA Insurance Company Defense Tactics ?
The claims process being drug out for as long as nine years with no end in sight while the defense racks up ever more legal fees, the insco keeps charging administrative fees, not to mention the claimants attorneys fee’s, while the claimant goes without medical and/or indemnity
—————————————————
Unnecessary mileage, airfare, lodging, expenses paid out due to due coercing claimants to travel as far as five states away to attend Defense Medical Examinations, Mediations, Depositions, Hearings
—————————————————
The use of private investigators, some even criminals themselves, to stalk and intimidate injured contractors and their families far beyond simply confirming a claimants status
—————————————————
The use of Third Party Administrators to handle claims processes that could easily be done without the added expense and fees.
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Unnecessary fines and interest due to non payment or late payment of indemnity
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The financial ruination of injured contractors and their families caused by the overly zealous controverting of legitimate claims
—————————————————-
The Temporary Disabilities which are now Permanent due to their failure to provide medical care under the guise of investigating clearly legitimate claims. Now the US taxpayer is responsible for disabilities far beyond what they ever had to be.
—————————————————
The PTSD Suicides caused by the Insurance Companies, their claims examiners, and their attorneys
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The break up of families caused the constant pressure and abusive tactics used by the Employer/Carrier
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The forced acceptance of inadequate settlements or stipulated agreements due to starving the claimant out for years on end and/or threatening the claimant and family that if they do not accept the inadequate settlement they will make them miserable for the rest of their lives (see The Weaponization of the Defense Medical Examination)
—————————————————
Unfairly denying the claimants attorneys fees in order to discourage good attorneys from handling these claims
1. DFEC requires, before acceptance of any WHCA reimbursement claim, that the employer/carrier has made only reasonable and prudent efforts in presenting all meritorious defenses against a DBA claim without regard to whether the case is eligible for WHCA reimbursement. An employer/carrier’s inadequate or overly zealous representation in defending against a DBA claim may be grounds for denying all or some portion of a request for WHCA reimbursement.
CECILY A. RAYBURN Director, Division of Planning, Policy and Standards
Nearly 14 months to the day of a Department of Labor District Director signing an Order approved by an ALJ stating that CNA must provide medical for a severely Injured War Zone Contractor’s injuries, the details of which were gagged…..
And 3 1/2 months after Injured War Zone Contractor asked the District Director to find them in Default for not doing so……..
CNA produces a stack of FAXES supposedly sent to Injured War Zone Contractors Doctors stating that they have “re-approved” payment of diagnoses and treatment, most of which were never approved, ever, much less “re- approved”. In fact for most of the Doctors CNA denied diagnoses and treatment for blast injuries for many years.
Several Doctors stated that yes they received a FAX but that it did not mean they accepted the approval and that it did not guarantee payment. Payment would have to made in advance. CNA’s reputation for non payment is no secret.
The rest of the doctors state that they never received “approval” at all.
Unemployed and otherwise uninsured Injured War Zone Contractor pays for some visits via credit card as they are so vital. Doctor then sends a bill to CNA for payment despite not having received an approval, which CNA refuses. Injured War Zone Contractors scheduled visits are then cancelled due to non payment by CNA.
And who do they claim is vague, ambiguous, and whose claims are not supported by Facts, or should we say FAX?
It must be the very well respected and credentialed doctors, or the Attorney, or the Injured War Zone Contractor
This negligent paper game continues despite a recent medical report from February stating:
“I do not understand the entire bureaucracy issue. He tells me that CNA has written to us and that we are approved for Workers’ Compensation. We have no record to that effect. We are just not going to be paid and they are not going to authorize treatment. Bureaucracies have their problems but this almost seems to be purposeful.
It is certainly going to have the desired result. They are going to kill him and it is going to be soon. Before the year is out I believe this man is going to commit suicide.
And he’ll be just another CNA DBA Suicide.
Note: CNA’s response is to ask for an informal conference. Several informal conferences, a settlement conference with a Judge, orders signed by a Judge and the District Director, and yet another informal conference after an 18 month default is even a consideration??? Let’s just run this out until the end of year and we won’t have to worry about this guy anyway!!!!
Why then would Defense Base Act Attorneys either charge their DBA clients on a contingency basis, by the hour, or take their fees out of a settlement amount ?
The Defense Base Act Insurance Company is entitled to have Defense Base Act Claimants see a physician that they choose to provide them with a second opinion regards the injuries that you have filed a claim for. These examinations are in no way Independent Medical Examinations as the Insurance Company and their Attorneys deceptively refer to them as.
These Insurance Company Second Opinions, or Defense Medical Examinations, come at a heavy price to the US Taxpayer. The Insurance Companies pay much higher amounts to hire doctors that will give them a report unfavorable to your claim and also be willingly to back up these statements in Depositions or straight to a Judges face at hearing. You are entitled to reimbursement for the expenses you incur attending these. The DME can be a very expensive undertaking.
It must be you who pursues these protections because your DBA Attorney is not likely to suggest or pay for them despite your entitlement to them. Your attorneys failure to assert your rights only enables the insurance companies and their bloodthirsty attorneys and claims adjusters.
You are required to “cooperate” not play dead.
One very prudent restriction on these DME’s used to be that the Insurance Company could not make you attend one more than every three years. At some point that we cannot ascertain this restriction was removed.
So began the Weaponization of the DBA Defense Medical Examination.
Currently the DME is being utilized as a weapon to intimidate DBA Claimants to accept negligent settlements.
Even though you have an order in place you are told if you do not immediately attend a DME your payments will cease immediately.
Even though your claim is currently under the jurisdiction of an ALJ awaiting a decision you are told to fly across country for several days of DME’s. Just prepping you for the settlement offer.
Your attorney presents to you a ridiculous offer for settlement along with the threat that if you do not accept it the Insurance Companies Attorney promises you DME’s every year and surveillance by their private dicks $$$ for the rest of your life.
We cannot always be certain who is manning the weapon. As of late there is a barrage of Friendly Fire.
No doubt that the casualties are always the DBA Claimant and the US Taxpayer.
It has been brought to our attention that the following claimants at some time thought that their DBA Claim was being handled by Bruce Nicholson and/or his assistant Ken Youngman, of Los Angeles California at Peyman Rahnama. Ken Youngman now works for a lawfirm that represents AIG and ACE, though he most recently reported working at Law Office of Bruce Nicholson as a Federal Workers’ Comp GURU on LinkedIn
If your name is listed below you need to find out the status of your claim immediately if you have not already lost your claim or found another attorney. If you recognize someone’s name please contact them.
If your with the DoL, the BRB, or an ALJ, and recognize these names it would certainly be upstanding of you to let these people know they are not being represented.
Maybe even an Insco Defense Attorney out there that can resist an easy kill just because it is the right thing to do.
Dill (never responded to the appeal but was negotiating a deal, settlement, with the defense attorney Michael Thomas)
Kitterman Humphrey Stewart Clausen Reuben (we believe this claim was lost due to failure to respond to a motion) Ruffner
This claim was denied for five years while Wade Dill’s widow Barbara’s integrity was brutally attacked as though she had pulled the trigger herself.
KBR refused to supply Wade Dill’s medical records and other reports which would have exposed the state of mind he was in while still in Iraq. But it is OK to defy discovery if you are AIG/KBR-SEII. Do not try this yourself, you’ll lose your claim.
Dennis Nalick was the Attorney who brought this claim to a successful decision.
Barbara Dill’s next Attorney, Bruce H Nicholson, refused to address misinformation in the records saying “you won the claim why would you want to mess with it”.
Mr Nicholson refuted any suggestion that this very important decision would be appealed. He went so far as to tell the Widow that she should discontinue corresponding with those who assured her it would be. Bad people we are, just trying to upset her needlessly.
Mr Nicholson never responded to the Benefits Review Board on behalf of the Widow though he assured her he was on top of it and he and the widow corresponded regularly.
On February 28 the BRB overturned the ALJ’s decision, unopposed. The widow was not represented at all.
Mr. Nicholson was though, prior to this decision, negotiating a “settlement” with Michael Thomas and AIG which would take this important PTSD Suicide decision out of this WAR as case law for all impending and future PTSD Suicide claims. The same Mr Nicholson who posted here at the blog in response to the award:
“The decision represents a sound road map for work related contractor suicide claims and is unlikely to be overturned when followed.”
We ask, is no one in this wretched biased system held to any standard of ethical practice?
Mr Nicholson was responsible for representing the Widow and he did not.
Would it not have been a requirement of those who were involved in this to make the widow aware, to speak up?
We do not kid ourselves that this was simply a case of friendly fire. There was too much at stake here.
