The Defense of Freedom Medal Held Hostage by The Defense Base Act

WHY HAVE I NOT RECEIVED THE DEFENSE OF FREEDOM MEDAL?

The Defense of Freedom Medal is an award held to be the equivalent of the Purple Heart and is awarded to Civilian Contractors injured in the war zones. 

One question we get here repeatedly is why have I not received the Defense of Freedom Medal?   The question comes from severely disabled Civilian Contractors wounded in horrific explosions and insurgent attacks.

WHO IS HOLDING YOUR MEDAL HOSTAGE?

The company you work for is responsible for requesting  that you receive the medal and providing the documentation that you have indeed suffered a qualifying injury.

As all Injured War Zone Contractors know the minute you must file a Defense Base Act Claim you are automatically placed in an adversarial relationship with your employer.   Your Employer and the Defense Base Act Insurance Company are considered equal entities in the battle you have entered for your medical care and indemnity.

Your Employer is required to assist the insurance company in denying your claim.  Under the War Hazards Act the Employer/Carrier must prove to the WHA Tribunal that they have diligently tried to deny your claim.

It appears that your Defense of Freedom Medals could be held hostage by your Employers due to the adversarial relationship the Defense Base Act has created.

When KBR, DynCorp, Blackwater, Xe, et al, provide documentation of your injuries to the DoD they have just admitted that you are indeed injured and to what extent.

Specific information regarding injury/death: Description of the situation causing the injury/death in detail to include the date, time, place, and scene of the incident, and official medical documentation of the employee’s injuries and treatment. The description must be well documented, including the names of witnesses and point of contact (POC) for additional medical information, if needed.

These admissions sure would make it hard for Administrative Law Judges like Paul C Johnson to name them as alleged.   ALJ Paul C Johnson has yet to award benefits to a DBA Claimant in a decision based on a hearing.

KBR who can never seem to find their injured employees medical records holds the key to the Defense of Freedom Medal.

Certainly there are other lawsuits outside of the DBA that the withholding of this information is vital too.

For those of you who still give a damn after being abused by so badly simply because you were injured-

The Defense of Freedom Medal may find you many years down the road once an Administrative Law Judge says you were injured.

We recommend that you contact your Congressional Representative or Senator and have them request this Medal if you qualify for it and would like to have it.

If you are still litigating your claim it SHOULD serve to legitimize your alleged injuries.

The Unnamed Military Veteran Civilian Contractor War Casualties

They too are the

BEST KEPT SECRET OF THE WARS

The Majority of ExPat Civilian Contractor Casualties first served their country in the military.  

Many of them gave twenty and more years of service before deploying in a civilian capacity.

Many of them were buried with full military honors.

Yet we are not supposed to know their names or even that they died in our wars.

Defense Base Act War Profiteers are encouraged to abuse the families they leave behind

You can see some of these nameless hero’s at

Our Fallen Contractors Memorial

Please keep them and their families in your thoughts today and everyday

The Price of Sacrifice

The government decided that contractors are eligible for public honor as civilians, through awards such as the Defense of Freedom Medal. This is described as the “civilian equivalent” of a Purple Heart, as both require the recipient to have been injured or killed. But the contractor is honored as victim; not hero.

David Isenberg at Huffington Post  May 24, 2012

Please see David’s blog  The Isenberg Institute of Strategic Satire

How should one recognize an act on the battlefield that gets you wounded? If you are a soldier, marine, sailor or airman the answer is easy; you get a Purple Heart. That medal, originally created by General George Washington, is awarded to U.S. soldiers wounded by the enemy in combat. It was ordered by the Continental Congress to stop giving commissions or promotions, since the Congress could not afford the extra pay these entailed, so Washington drew up orders for a Badge of Military Merit made of purple cloth. In 1782 he directed that “whenever any singularly meritorious action is performed, the author of it shall be permitted to wear on his facings, over his left breast, the figure of a heart in purple cloth or silk edged with narrow lace or binding.”

In short, Washington gave cloth because he could not give money. But if you are a private contractor and you get wounded you don’t get a Purple Heart.

You, hopefully, will get medical care and benefits which your employer is required, at least theoretically, to provide under the Defense Base Act.

To Mateo Taussig-Rubbo, a professor at the State University of New York, Buffalo Law School this raises the question as to whether they are forms of value which can be substituted one for the other.

In an essay he wrote, “Value of Valor: Money, Medals and Military Labor,” published earlier this year he explores the divide between money and medals. This raises interesting questions about motivation.

Please read the entire post here

Judge Denies Blackwater’s Motion for Arbitration

Law Offices of Scott J Bloch  May 23, 2012

WASHINGTON, DC (May 23, 2012) – Blackwater Industries, which changed its name to Xe Services, and now has changed it yet again to Academi LLC, lost its initial bid to have the $240 million suit for employee misclassification sent to arbitration and dismissed from federal court in Washington, D.C.

Scott Bloch filed an amended complaint (see link above) in the class action lawsuit on behalf of four former security specialists, who were injured while working for Blackwater, in order to recover their payment of social security, unemployment insurance, and unpaid benefits and state and local withholding and unemployment insurance, and other unspecified damages. The action seeks $240,000,000 in damages for lost benefits, overtime, treble damages and punitive damages, as well as additional amounts as proved for the class of specialists.

The court has rejected that motion filed by Blackwater and required it to file another motion to determine if the same Plaintiffs agreed to have an arbitrator determine if the agreements were unconscionable, procured by duress, fraud and undue influence.

“Blackwater acted illegally and unconscionably toward these brave individuals,” said Bloch. ”Through their fraud as pointed out in the Amended Complaint, they avoided overtime for security workers who worked sometimes 12-16 hours a day 6 days a week. They were forced to sign agreements they never read and were not given time to read and not given copies, which took away valuable rights and were unlawful in their terms. Now the court has rejected their initial motion and required Blackwater to seek the same relief if they can prove that the Plaintiffs who never were allowed to read the original agreements agreed to have an arbitrator determine whether they properly agreed to anything. We continue to assert the illegality of the agreements and the actions of Blackwater.”

Read Xe’s Arbitration Bid Denied in Misclassification Suit here.

Ronco Consulting Corporation named in Lawsuit for EEOC Violations

Ronco Consulting was named in the Defense Base Act Class Action Lawsuit against Defense Base Act Insurance Companies and some Overseas Civilian Contractor Companies.

The EEOC granted a former Ronco Consulting Employee and American Injured War Zone Contractor the Right to Sue under the Americans with Disabilities Act after investigating the complaint.

The Americans with Disabilities Act prohibits discrimination against persons with disabilities.

Even those who were disabled due to the negligence of the company in question.

Leaked Memo: Afghan ‘Burn Pit’ Could Wreck Troops’ Hearts, Lungs

Spencer Ackerman at Wired’s Danger Room

For years, U.S. government agencies have told the public, veterans and Congress that they couldn’t draw any connections between the so-called “burn pits” disposing of trash at the military’s biggest bases and veterans’ respiratory or cardiopulmonary problems. But a 2011 Army memo obtained by Danger Room flat-out stated that the burn pit at one of Afghanistan’s largest bases poses “long-term adverse health conditions” to troops breathing the air there.

The unclassified memo (.jpg), dated April 15, 2011, stated that high concentrations of dust and burned waste present at Bagram Airfield for most of the war are likely to impact veterans’ health for the rest of their lives. “The long term health risk” from breathing in Bagram’s particulate-rich air include “reduced lung function or exacerbated chronic bronchitis, chronic obstructive pulmonary disease (COPD), asthma, atherosclerosis, or other cardiopulmonary diseases.” Service members may not necessarily “acquire adverse long term pulmonary or heart conditions,” but “the risk for such is increased.”

The cause of the health hazards are given the anodyne names Particulate Matter 10 and Particulate Matter 2.5, a reference to the size in micrometers of the particles’ diameter. Service personnel deployed to Bagram know them by more colloquial names: dust, trash and even feces — all of which are incinerated in “a burn pit” on the base, the memo says, as has been standard practice in Iraq and Afghanistan for a decade.

Accordingly, the health risks were not limited to troops serving at Bagram in 2011, the memo states. The health hazards are an assessment of “air samples taken over approximately the last eight years” at the base.

Please see the original and read the entire article here

Defense Base Act: The Weaponization of the Defense Medical Examination

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.

Very few DBA Claimants exercise their rights to have these doctors researched by a professional, not travel outside of their geographic area, take an advocate with them (preferably your attorney or a nurse), have the scope and purpose of the Examination clearly defined, or most importantly to video the examination. 

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 never been more true that After Injury the Battle Begins

Or more clear that this program is lacking oversight of any kind

Where is the Department of Labor Watchdog?

The DoL’s OIG has been without a permanent Inspector General since July 13, 2009. 

Less than two weeks post IG  a video surfaced on this blog of Cabot Gosling, Vice President of Tangiers International, presenting an Injured War Zone Contractor that he was stalking a Photo ID when asked to identify himself.  The ID  clearly states that he is an agent of the US DoL.  

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

Wow, we finally caught these liars on video ! 

Michael Niss, former chief of the LHWCA, asked the DoL OIG to investigate after T Christian Miller published a story on the incident.

No report or decision was ever publicly issued.   Tangiers International continued doing business as usual, causing so many problems that even the ruthless AIG who funded them in the first place stopped using them.

We had to file a FOIA, Freedom of Information Act Request to find out what happened to this investigation.

What happened was not much. 

A few internal emails and phone calls within the DoL and one to Christopher Catrambone who owns Tangiers International.  Chez Catrambone stated that this was his US Department of Loss though he had previously stated in an email to the DoL that the US Embassy in Malta had authorized his use of the US Department of Labors’ logo and name.

The Injured War Zone Contractor who was stalked and took the video was never contacted.  Mark Munro shared his side of the story with one of our contributors:

Marc called me and told me that the AIG investigator called him at 5 am, asked his name, and then hung up and followed him and even went on the wrong side of the road in pursuit and almost wrecked.

Marc was in a bomb blast that killed 18, he has PTSD, and the AIG investigator placed Marc in great danger because PTSD patients are prone to outbursts when they are stressed, especially when it’s extremely negligent and intentional stress like the AIG investigator caused by calling Marc at 5 am and hanging up.

The investigation was limited to Tangiers side of the story despite how pitiful their cover was.  Even Miranda Chui stated that she thought they were probably lying.

Chris Catrambone and Tangiers International got a little slap on the wrist and a letter in their file.

Allowing AIG and Tangiers International to operate with such impunity and lack of oversight only emboldens them to cross the criminal/ethical lines as a matter of rule.  We are talking about seriously injured war zone contractors medical care here, peoples lives.  CNA and ACE are as guilty, if not more so.

Would the results of this “investigation” have been different with a permanent IG in place?  We doubt it.  The insurance companies carry more political weight than any IG could muster.  We saw this administration roll over for them within days of taking office.

Still, this lack of concern on the part of our Administration to the Oversight of the Department which holds Injured War Zone Contractors lives in their hands contributes to the criminal abuse by the insurance companies and their third party war profiteers Tangiers International, Tacticor, and Vetted International.

Project on Government Oversight:  Where are all the Watchdogs?

Office of the Inspector General Department of Labor

The Office of Inspector General (OIG) at the U.S. Department of Labor (DOL) conducts audits to review the effectiveness, efficiency, economy, and integrity of all DOL programs and operations, including those performed by its contractors and grantees. This work is conducted in order to determine whether: the programs and operations are in compliance with the applicable laws and regulations; DOL resources are efficiently and economically being utilized; and DOL programs achieve their intended results.

The OIG also conducts criminal, civil and administrative investigations relating to violations of Federal laws, rules or regulations, including those performed by DOL contractors and grantees; as well as investigations of allegations of misconduct on the part of DOL employees.

In addition, the OIG is unique among Inspectors General because it has an “external” program function to conduct criminal investigations to combat the influence of labor racketeering and organized crime in the nation’s labor unions. We conduct labor racketeering investigations in three areas: employee benefit plans, labor-management relations, and internal union affairs.

Why Having a Permanent IG Is Important

OIGs are best positioned to be effective when led by a highly qualified permanent IG, rather than an acting official or no IG at all. Permanent IGs undergo significant vetting—especially the IGs that require Senate confirmation—before taking their position. That vetting process helps to instill confidence among OIG stakeholders—Congress, agency officials, whistleblowers, and the public—that the OIG is truly independent and that its investigations and audits are accurate and credible.

In addition, a permanent IG has the ability to set a long-term strategic plan for the office, including setting investigative and audit priorities. An acting official, on the other hand, is known by all OIG staff to be temporary, which one former IG has argued “can have a debilitating effect on [an] OIG, particularly over a lengthy period.” Senator Charles Grassley (R-IA) has echoed that sentiment, saying “Even the best acting inspector general lacks the standing to make lasting changes needed to improve his or her office.”

Colin Erwin, National Guard, Civilian Contractor, injured in Afghanistan

Colin Erwin was wounded by mortar fire in Afghanistan.

Sgt. Erwin was working overseas as a contractor. Even though the war veteran left his uniform behind this time, he wasn’t out of harm’s way.

Hundreds Welcome Injured Soldier/Contractor Home

HUNTSVILLE, AL (WAFF) -  May 10, 2012

A wounded Huntsville solider is on his way home from Afghanistan and you can show your support for him this week.

Sgt. Colin Erwin is with the 203rd MP Alabama Army National Guard. He was working as a contractor supporting the Army when the gym he was in took a direct hit from mortar fire.

Sgt. Erwin’s mother said her son suffered injuries to the torso and right leg.

Sgt. Erwin will arrive at Huntsville Airport Thursday at 10:30 a.m. He will be escorted home by friends, family and patriot guard riders.

Anyone interested in welcoming home this wounded warrior is asked to be at the Huntsville Airport by 10 a.m. Madison Fire, Monrovia Fire and Heritage Elementary will line the streets along the route on County Line Road to Old Railroad Bed Road. The family invites supporters to also line the route.

6 Degrees from Kabul

by Susie Dow at The Missing Man  May 1, 2012

Shortly after President Barack Obama left Afghanistan earlier today, blasts were reported in and around Kabul. According to multiple breaking news stories, the ‘Green Village’ was one of the intended targets of the suicide bombers.

Car bomb shakes Kabul after Barack Obama visit to Afghanistan
May 1, 2012, Guardian

The Green Village is owned and operated by Stratex Freedom Services whose two Uzbeki principals were once former partners with John Dawkins, one of the original founders of Ultra Services of Istanbul, Turkey.

Ultra Services was the logistics firm which employed Kirk von Ackermann and Ryan Manelick in Iraq.

You can learn more about the history of John Dawkins, Ultra Services and Stratex Freedom Services in an article at ePluribus Media, just shy of 6 years to the day since it was first published.

One Missing, One Dead: an Iraq Contractor in the Fog of War
By Susie Dow, May 12, 2006, ePluribus Media

Reprint here at this blog:

One Missing One Dead: An Iraq Contractor in the Fog of War (full article reprint)
By Susie Dow, ePluribus Media, May 12, 2006