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Archive for the ‘Defense Medical Examinations’ Category

Army Wants PTSD Clinicians to Stop Screening for Fakers: Chances are they are probably ailing

Posted by defensebaseactcomp on August 3, 2012

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.

Wired’s Danger Room

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. “

Posted in ACE, AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Suicide, Veterans, Veterans Affairs | Tagged: , , , , , , , , , , , , , , , | 2 Comments »

When do CNA’s Deadly Paper Games become outright lies to Department of Labor?

Posted by defensebaseactcomp on July 19, 2012

How about now DOL ????

Documents showed that CNA reported the highest profits margins, taking in nearly 50 percent more in premiums than it paid out in benefits.

CNA’s Deadly Paper Games

After having defaulted on an Order to provide medical to an Injured War Zone Contractor for over 15 months, after denying for six years prior, CNA provides a computer printout to the Department of Labor Claims Examiner who was charged with  investigating this Default.

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 showing payments issued by CNA International to medical providers regarding 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.

CNA is currently under investigation for just this kind of unlawful and Overly Zealous Defense in denying Defense Base Act Claims

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.

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, Interviews with Injured War Zone Contractors, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Veterans, War Hazards Act | Tagged: , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments »

Defense Base Act: The Weaponization of the Defense Medical Examination

Posted by defensebaseactcomp on May 15, 2012

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

Posted in ACE, AIG and CNA, Civilian Contractors, DBA Attorneys Fees, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, Follow the Money, Independent Medical Examinations, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Racketeering | Tagged: , , , , , , , , , , | 2 Comments »

All’s Fair in Love and AIG WAR? No Ethics ?

Posted by defensebaseactcomp on March 14, 2012

Defense Base Act Claimants really are in another War Zone when they must file a DBA Claim.

As it turns out many, too many, of the Plaintiff’s own Attorneys are aiding and abetting the enemy

Last January ALJ  Berlin awarded the Dill Widow DBA Death Benefits in a very important PTSD/Suicide Claim.

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.

AIG KBR SEII via Michael Thomas appealed the decision.

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.

Posted in AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Follow the Money, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Suicide | Tagged: , , , , , , , , , , , , , , , , , , , | 3 Comments »

Defense Base Act Defense Medical Examinations: Rewriting the Report

Posted by defensebaseactcomp on November 23, 2011

As a Defense Base Act Claimant you are required to submit to an examination by a physician the insurance company chooses for a second opinion.  These examinations are often improperly (fraudulently ?) referred to as Independent Medical Examinations which are something very different under the LHWCA/DBA.

Doctors who will do this work for insurance companies are generally known to write reports favorable to the insurance company.  Otherwise they would not continue to reap the large fees they receive for a single visit and much larger fees for being deposed under oath or testifying live at an ALJ hearing.

On occasion a DME Doc will actually acknowledge the claimants true diagnoses or simply not deny it vehemently enough to suit the insurance company that hired them.  So the insurance company asks them to rewrite the report, sometimes even telling them exactly how they want the report worded.

When the DME Doctor does not comply some insurance companies will go so far as to have another physician who has never even seen the patient, rewrite the report in their favor, and without your permission to use your private medical records.  This may be referred to as a Peer Review.

We know they do, we have some of the emails and the reports.

Add to your DME preparation list a signed HIPAA form directing the DME Doctor to provide your treating physician with any and all medical reports regarding you.  Your treating physician will have these forms and prepare them for you.

You are entitled to any and all reports, lab results, test results, regarding your medical.  You will probably have to have your attorney subpoena these but never ever allow them to not provide them.

Posted in AWOL Medical Records, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Medical Examinations, Department of Labor, Independent Medical Examinations, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, PTSD and TBI | Tagged: , , , , , , , , , , , , | 1 Comment »

War Widow Blames VA Neglect for her Husband’s Suicide

Posted by defensebaseactcomp on October 18, 2011

Sadly this reads like so many  Defense Base Act  PTSD Suicides, Neglect and unreasonable demands….

GREENEVILLE, Tenn. Courthouse News   October 18, 2011

Neglect and unreasonable demands from the Veterans Administration caused another Iraq war veteran to kill himself,

his widow claims in Federal Court. She says that despite a doctor’s “clear diagnosis” of post-traumatic stress disorder, from roadside bombs, including one that killed 93 people, the VA refused to admit he suffered from PTSD, with excuses such as “the diagnosis ‘does not specify which Diagnostic and Statistical Manual was used'”; and that he “‘failed to provide dates of the incidents or names of any casualties.'”
Tracy Eiswert says her husband Scott suffered substandard care from the VA hospital in Mountain Home, Tenn., before he killed himself in 2008. He was 31. She survives, with their two young children.
It’s the latest in a string of lawsuits from families of veterans nationwide, who say the VA was less than helpful after veterans returned from wars in Iraq and Afghanistan.
The VA in July 2010 relaxed requirements for veterans seeking service-connected PTSD benefits, but the agency still faces criticism for its mental health services.
The 9th Circuit ruled this year in a California class action that the “VA’s failure to provide adequate procedures for veterans facing prejudicial delays in the delivery of mental health care violates the Due Process Clause of the Fifth Amendment,” according to Tracy Eiswert’s complaint.
Scott Eiswert joined the National Guard in 2001 and served in Iraq in 2004 and 2005.

Tracy Eiswert says her husband first sought help for his symptoms after he was honorably discharged in November 2005.
She says Scott saw a professional counselor at a private mental health facility in Greeneville for almost 4 months. Scott’s symptoms included depression, acute insomnia, extreme stress and irritability, according to medical records described in the complaint.
His counselor recommended individual psychotherapy and reported to Scott’s physician that he “certainly appears to meet the criteria for PTSD,” the complaint states.
According to the medical records, in May 2006, Scott’s counselor wrote a letter to the Department of Veterans Affairs, stating: “After meeting with Mr. Eiswert for several appointments, we have established a diagnosis of PTSD, per the Diagnostic & Statistical Manual Criteria.”
The widow says her husband applied to the VA for service-connected PTSD benefits based on the counselor’s diagnosis.
The complaint states:
“In the application Scott describes a number of incidents in Iraq as follows:
“Various Route Clearances – Roadside Bombs, Raids
“Convoy Escorts, all the Outside Wire Dangers and Stresses.
“Close Calls on Roadside Bombs
“Car Bombs and the Destruction they Cause, Including Civilian Fatalities (Body Parts)
“‘I was on a Raid with Fellow Soldiers when they got Blown-Up by a Massive Roadside Bomb. (93 Dead, 1 Crippled)” [Punctuation as in complaint.]
But the VA denied his claims three times before he killed himself, his widow says.
In its September 2006 denial, the VA stated that Scott’s counselor “does not specify which Diagnostic and Statistical Manual was used.’ The denial analysis also states that even though Scott provided ‘sufficient details concerning a stressor …’ it ‘failed to provide dates of the incidents or names of any casualties.'” (Ellipsis in complaint).
Tracy Eiswert says the VA doctor who assessed Scott did not have access to the records of Scott’s private counselor and “relied entirely on Scott’s narrative to make his assessment.” She says the VA doctor “concluded that ‘veteran has current diagnosis of depression, NOS. He does describe symptoms of Post Traumatic Stress Syndrome, however not enough to meet criteria.'”
(NOS apparently indicates “not otherwise specified.”)
The VA denied Scott’s claim a second time in November 2006, after receiving additional medical records from the Tennessee National Guard.
Tracy Eiswert says VA doctors gave Scott medications for depression and insomnia, but he did not tolerate them well.
By early 2007, Scott reported increased marital and family problems, increased irritability, nightmares, night sweats and difficulty sleeping, according to medical records in the complaint

Please read the entire story at Courthouse News

Posted in AIG and CNA, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, LHWCA Longshore Harbor Workers Compesnation Act, PTSD and TBI, Suicide, Veterans, Veterans Affairs | Tagged: , , , , , , , , , | 1 Comment »

Who Owns John Boehner?

Posted by defensebaseactcomp on July 29, 2011

We only discuss politics as it pertains to our battle with the insurance companies and the Department of Labor so that you can make up your own mind about who is or is not looking out for our cause.  Only a very very few truly are.

Today we bring you John Boehner  from The Center for Responsive Politics

Over the years, Boehner has received many millions of dollars from industry. For the next campaign, Boehner has already raised almost $8 million dollars from industry and their PACs. The average Congressman has picked up less than a million.

The top  industries that purchased shares of Boehner during the last campaign cycle (2009-2010 campaign season) are:

  • Insurance $609,290
  • Securities & Investment $509,520
  • Retired $394,649
  • Electric Utilities $363,372
  • Lobbyists $353,814
  • Health Professionals $332,865
  • Pharmaceuticals/Health Products $329,350
  • Real Estate $285,400
  • Lawyers/Law Firms $264,050

Also according to The Center For Responsive Politics , Johnny’s top twenty individual shareholders during the 2009-2010 campaign year were:

Some of this was taken from an article by Jillian Barclay at OpEd News

Posted in Defense Base Act, Defense Base Act Insurance, Defense Base Act Lawyers, Defense Medical Examinations, Follow the Money, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch | Tagged: , , , , , | 1 Comment »

Injured Blackwater Xe war contractor approved for treatment by AIG

Posted by defensebaseactcomp on June 16, 2011

Bravo to Kevin Graman for exposing AIG’s  dangerous “risk management” practices.

We too hope it is not too late for Jennifer as it has been for so many who have come before her.

A Big Salute to you both !!

Kevin Graman The Spokesman Review  June 16, 2011

A Spokane-area woman who was injured by an enemy mortar explosion while working as a helicopter mechanic in Afghanistan has received approval from a government-contracted insurance company to receive the treatment her doctors say she needs.

Jennifer Barcklay, 40, of Chattaroy, was been diagnosed with traumatic brain injury after the September 2009 attack at a forward operating base in eastern Afghanistan, where she was employed by Blackwater, the private defense security contractor now known as Xe Services.

On Wednesday, she was told that Chartis WorldSource, the giant insurance company once known as American International Group, AIG, would cover the cognitive rehabilitation therapy recommended by eight medical providers in Spokane.

“This is bittersweet,” Barcklay said. “I’m hoping it’s not too late.”

It has been more than a year since Barcklay’s providers first began recommending comprehensive cognitive rehabilitation, which is more effective the sooner it is begun. It is not offered locally.

She continues to endure seizures, memory loss, headaches, tremors and problems with her balance that prevent her from returning to work.

“Frankly, I am appalled at how many obstacles have been placed in the way of her receiving the treatment she needs,” Spokane neuropsychologist Winifred Daisley wrote the insurer on Barcklay’s behalf.

A nurse contracted by Chartis to manage Barcklay’s case was unexpectedly terminated in October after notifying the insurer that her patient was approved for treatment at the Centre for Neuro Skills in Bakersfield, Calif.

Under the Defense Base Act of 1941, defense contractors must provide medical and disability insurance for their workers in war zones. The premiums are included in the companies’ contract with the Department of Defense.

There were nearly 56,000 such claims for injuries or deaths from the start of the Iraq war to 2009. That year, a congressional investigation found that insurance companies have been slow to approve claims for injuries despite receiving millions in premiums from the federal government.

Another World War II-era law, the War Hazards Compensation Act, reimburses the employer or insurer for injuries or death to a worker caused by an act of war. The insurer is reimbursed by the taxpayers for 100 percent of the claim, plus 15 percent for administrative costs.

Chartis’s approval of Barcklay’s treatment followed a letter from the U.S. Department of Labor, recommending that she be allowed to go to the Centre for Neuro Skills.

The letter also was critical of an independent review of Barcklay’s medical records by a Chartis-contracted neuropsychiatrist in Rhode Island who appeared to diagnose the patient’s condition as psychological rather than physiological without examining her.

Please see the original story at The Spokesman Review

Posted in AIG and CNA, Blackwater, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, Follow the Money, Hope that I die, Interviews with Injured War Zone Contractors, LHWCA Longshore Harbor Workers Compesnation Act, PTSD and TBI | Tagged: , , , , , , , , , , | 1 Comment »

Army vet battling private insurer for coverage she feels is due

Posted by defensebaseactcomp on June 13, 2011

“The American Psychiatric Association has a very specific and rigid stance against psychiatrists rendering diagnoses on patients they have not examined.”

Injured as contractor in Afghanistan but denied specialized therapy at home

Kevin Graman The Spokesman Review  June 13, 2011

A highly trained helicopter mechanic sits in her Chattaroy home and wonders what will come next: another debilitating brain seizure or the therapy she hopes will help her recover from injury as a result of a mortar explosion 20 months ago in Afghanistan.

Jennifer Barcklay says she is being denied the specialized inpatient medical treatment her doctors believe is her only hope for a normal life.

“These are war crimes, using taxpayer dollars to profit from injuries incurred by people fighting for our freedom,” Barcklay says.

Although she is a U.S. Army veteran, Barcklay, 40, was injured as a civilian working for Blackwater, the private security contractor now known as Xe Services. She and thousands of other civilian employees injured in the defense of their nation have had to navigate an often unresponsive private insurance system.

Xe’s insurance carrier has so far denied Barcklay expensive inpatient treatment known as cognitive rehabilitation therapy, which was recommend by eight Spokane area physicians and mental health care providers.

She suffers from traumatic brain injury, the signature wound of the Iraq and Afghanistan wars, for which thousands of U.S. soldiers are receiving care in military or Department of Veterans Affairs facilities. Like many of them, she continues to endure seizures, memory loss, headaches, tremors and problems with her balance that prevent her from returning to work.

Under the Defense Base Act of 1941, defense contractors must provide medical and disability insurance for their workers in war zones. The premiums are included in the companies’ contract with the Department of Defense.

There have been nearly 56,000 such claims for injuries or deaths from the start of the Iraq war to 2009. That year, a congressional investigation found that insurance companies had collected $1.5 billion in premiums, while they paid out about $900 million in compensation and expenses.

Another World War II-era law, the War Hazards Compensation Act, reimburses the employer or insurer for injuries or death to a worker caused by an act of war. The insurer is reimbursed by the taxpayers for 100 percent of the claim, plus 15 percent for administrative costs. From 2003 to 2010, the federal government paid more to insurers for expenses, $19.7 million, than it paid in compensation, $12.1 million, to claimants under the act.

More than three-quarters of the Defense Base Act claims were handled by American International Group, which was rescued in 2008 by the U.S. government in the largest corporate bailout in history.

An AIG subsidiary, Insurance Company of the State of Pennsylvania-Chartis WorldSource, took months to authorize a neurological evaluation for Barcklay. Now Chartis is refusing to pay for her inpatient treatment.

“Frankly, I am appalled at how many obstacles have been placed in the way of her receiving the treatment she needs,” Spokane neuropsychologist Winifred Daisley wrote in a December letter to Chartis case manager Debra Ragan.

Marie Ali, a Chartis spokeswoman, said she could not comment on individual claims but that the company “is committed to handling every claim professionally, ethically and fairly.”

“We provide the highest level of service to our insureds, which includes the prompt adjudication and payment of claims.”

A spokesman for Xe Services said, “The company has worked diligently with the insurance provider to help ensure Ms. Barcklay receives the level of care and treatment she needs.”

Please read the entire story here

See Also

More Than 70 Members of Congress Demand Cognitive Treatment for Troops With Traumatic Brain Injuries

by T Christian Miller from his series at ProPublica Brain Wars

Posted in AIG and CNA, Blackwater, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Defense Medical Examinations, Department of Labor, Independent Medical Examinations, Injured Contractors, Interviews with Injured War Zone Contractors, PTSD and TBI, Veterans | Tagged: , , , , , , , , , , | 2 Comments »

Text of S. 669: Longshore and Harbor Workers’ Compensation Act Amendments of 2011

Posted by defensebaseactcomp on May 17, 2011

A bill re-introduced in the United States Senate and backed by maritime insurers and employers

would substantially reform existing Longshore and Harbor Workers’ Compensation Act procedures

and the benefits afforded injured and sick workers.

A Bill

To ammend the Longshore Harborworker’s Compensation Act to improve the compensation system and

for other purposes.

http://www.govtrack.us/congress/billtext.xpd?bill=s112-669

Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Exclusive Remedy, Follow the Money, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch | Tagged: , , , , , , , | 4 Comments »

How much does an Independent Medical Examination Cost?

Posted by defensebaseactcomp on May 10, 2011

An Independent Medical Examination as ordered by the Department of Labor or a Defense Medical Examination (Second Opinion) are paid for by the insurance company.

We’ve not yet seen or heard of anyone going to an Independent Medical Examination as ordered by the DoL according to the LHWCA/DBA.  There are guidelines to be followed for an Independent Medical Examination which ensure that the doctors are not insurance company regulars.

We have seen paperwork on DME’s on DBA Casualties starting at $800 and going up to $1,200 per DME.

Expensive for a single examination it would seem.  Often done offsite of the Doctors regular office if they even have one.

And the ante goes up if your exercise your right to have the examination videographed.   We do not mean the charges you will incur for the videographer.   The added charges are more like “risk coverage” or a deterrant to keep the injured from ensuring that the examination is fair.

Your DME is much more than simply the unbiased second opinion that it is represented to be.

The DME Doctor is an expert witness for the insurance company.

They may be asked to submit to a Deposition under oath or to testify in person on behalf of the insurance company for which they will be paid even larger sums.

The IME/DME business is a very lucrative one for those Doctors who choose to do them.

The Insurance Companies can afford them.

Injured Contractors and/or their attorneys are seldom in a financial position to deal with DME’s properly.

This is why so many of you are sent to DME’s by your very own lawyers with no advocate or videographer present even though these costs are legitimate expenses which would have to be reimbursed.

This is ONE reason why the Dr Griffith’s of the DBA have been utilized repeatedly even after being exposed under oath in depositions.

Posted in Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Independent Medical Examinations, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Racketeering | Tagged: , , , , , , , | 7 Comments »

How far can you be sent to a Defense Medical Examination ?

Posted by defensebaseactcomp on March 29, 2011

Coercion: the act of compelling by force of authority

Forcing an Injured Contractor to drive or fly far out their geographic area to go to Defense Medical Examinations which are falsely referred to as Independent Medical Examinations is among the most abusive tactics in the insurance companies arsenal.

They are often aided by the Department of Labor’s Claims Examiners going against their own rules and regulations.

ALJ Paul C Johnson even aided CNA by ordering that an injured contractor travel outside his geographic area.  Not because there weren’t plenty of doctors in this injured contractors area, just because CNA’s hired guns were not there.   The injured would lose his claim by not “obeying” this biased order.

What happens when the insurance company defies an order signed by an ALJ to provide medical to an injured contractor?  Nothing.  This is not to say that the order was his idea, we’ve never seen him award anything to anyone in a decision.

It is so blatantly obvious why the insurance company does not simply hire a doctor in the injured contractors geographic area for an unbiased second medical opinion.  They are hiring expert witnesses who will provide them with a report in their favor then provide testimony that will back them up if necessary.

Longshore Procedure Manual

e. The Employee shall submit to any special examination as may be requested by the employer at such place as is designated by the DD but at a place reasonably convenient to the employee.

(See section 7(d) of the Act and 20 C.F.R. sections 702.403 and 702.410.)
20 CFR 702.403 - Employee’s right to choose physician; limitations.
The employee shall have the right to choose his/her attending physician from among those authorized by the Director, OWCP, to furnish such care and treatment, except those physicians included on the Secretary’s list of debarred physicians. In determining the choice of a physician, consideration must be given to availability, the employee’s condition and the method and means of transportation.
Generally 25 miles from the place of injury, or the employee’s home is a reasonable distance to travel, but other pertinent factors must also be taken into consideration.

Injured Contractors have been flown or told they had to drive from as far as five and six states away to see AIG’s Fabulous Four Defense Medical Examiners in Houston or they would lose their claim.

Many of them traveled to see the notorious Dr John Dorland Griffith because their attorney told them they had to.

Threatening an injured contractor with the loss of benefits due them under the Defense Base Act if they do not travel unreasonably to see the insurance companies defense medical examiner/expert witness amounts to Coercion under any legal definition.

Worse, many  injured contractors are not being provided necessary medical by these companies while being coerced into traveling to see these whores.

Posted in AIG and CNA, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, LHWCA Longshore Harbor Workers Compesnation Act, OALJ, Racketeering | Tagged: , , , , , , , , , | 2 Comments »

Defense Base Act Insurance Company CNA’s TPA Private Investigator/Interrogator in South Africa: From SpyKids to Double Agent

Posted by defensebaseactcomp on March 9, 2011

Since this was posted Injured Contractors “covered” by CNA in South Africa have been intimidated, had their lives threatened, and their family members have been threatened.

 

South African Injured Contractors want to know:

“Since when is it ok for honest injured contractors suffering from “TBI” AND “PTSD” plus others who lost legs and arms and even eyes to be investigated by criminals and people who served terrorist dictators????

According to those SA Injured Contractors we’ve spoken with this double agent has promised them

“the world, the stars and the moon, even telling them that he will see that they get better and higher amounts for mileage traveled than what CNA are currently paying”

All an attempt to placate them while CNA continues to screw them over.

Well at least they hired a professional liar and thug this time.

Kevin Woods Convicted Murderer

Were you forced to deal with this man in an attempt to get your Defense Base Act Benefits?

All three were serving life prison sentences and several attempts have been made, to get them earlier released, a violent one by the apartheid South African government in 1988 and Nelson Mandela as well as Thabo Mbeki have pleaded with Robert Mugabe, to pardon them, Mandela on a state visit in 1997 and Thabo Mbeki on several occasions after he became President.

Frequently they have been described as political prisoners and Peter Stiff described them as the last POW’s (Prisoners of War) of the South African Conflict in his book Warfare by other Means.

But were they really political prisoners or POW’s?

Let’s have a look at their past.

All three had been recruited after Zimbabwe became independent in 1980 into Project Barnacle that was later renamed Civil Cooperation Bureau, an apartheid South African death squad, that can take credit for countless extra judicial killings inside and outside South Africa.

They were recruited by a former Rhodesian police officer by the name of Brian, his correct name was Gary Branfield.

Branfield was also responsible for the planning of the terror attack on Gaborone on 14th June 1985. He died two years ago as mercenary in Iraq

He formed a murder squad in Zimbabwe involving only Zimbabwean citizens.

The group, codename Juliet, consisted of

- Kit Bawden, ex Rhodesian Soldier, gang leader -

- Michael Smith, Ex Rhodesian soldier, born in Bulawayo, who after Zimbabwe’s independence served for a short while in apartheid South Africa’s terror and destruction gang, called Reconnaissance Commando. He then returned to Zimbabwe and served as farm manager in Chikari.

- Barry Bawden, cousin of Kit Bawden

- Guy Bawden, brother of Kit Bawden

- Kevin Woods, former officer in the Special Branch of the British South Africa Police

- Philipp Conjwayo, former British South Africa Police officer, not member of the inner circle of that group, apartheid also here.

All of them were united by their hatred for black majority rule and their admiration for apartheid South Africa.

Their first task was the murder of Oliver Tambo, ANC president with a car bomb, while Tambo was attending a ceremony at the Heroes acre in Harare.

The plan was later abandoned for unknown reasons.

Next came the attempted assassination of Jeremy Brickhill on 13th October 1987.

Brickhill was a journalist and apartheid enemy. Pretoria decided, that he has to be murdered.

Guy Bawden planted a bomb under Brickhill’s car, when it was parked at a shopping center and detonated it. Brickhill survived that assassination attempt, albeit with severe injuries, His abdomen was ripped open, his left leg and hip severely injured and he had to undergo several operations first in Harare and then London and remained permanently disfigured and disabled. Eighteen people nearby were also injured.

Next came apparently the kidnapping and smuggling of an ANC cadre by the name of Jabulani to South Africa.

This was followed by a bomb attack on an ANC safe house in Bulawayo on 11 January 1988.

This attack was specifically hideous, as the gang including Philipp Conjwayo recruited an unsuspecting Malawian jobseeker, Obert Mwanza, to drive the bomb loaded car to the ANC house and hoot at the gate.

This was the signal for Kevin Woods and Kit Bawden for the remote detonation of the car from a safe distance. Mwanza died, one ANC man was severely injured.

The Zimbabwean police arrested Woods, Smith, Conjwayo and Guy and Barry Bawden. Except for Guy Bawden they were all sentenced to death in November 1988, later on the Supreme Court converted it to life imprisonment.

Guy Bawden was charged for the attempted assassination of Jeremy Brickhill, however the Police could not prove it, he was released on medical grounds in 1990.

Kit Bawden managed to escape to South Africa.

That was, however, not the end to it.

The CCB decided, even before they were convicted, to free them.

Again this plan was cooked up by Major Brian, who never appeared before the Truth and Reconciliation Commission, assuming, that he could get away with all of it.

They recruited a white Zimbabwean army pilot by the name of Gary Kane. The plan was, to attack the prison van, that was ferrying the prisoners from the prison to the court, free the prisoners and pick the whole party up with a helicopter to be stolen by Gary Kane.

Part of the ground attack party was assembled in Namibia, later on reassembled and supposed to drive via Kazungula border post from Botswana into Zimbabwe.

Here everything went wrong, for them as their car was searched and they try to flee.

The Botswana police managed to arrest one guy by the name of Sammy Beahan, he was deported later on to Zimbabwe and sentenced to 20 years in prison.

The other part of the attack party, who had entered Zimbabwe from South Africa ran into problems as well, the stolen Helicopter picked them up and they managed to escape to Redcliff, where a South African plane was waiting for them, however not before shooting and severely injuring a 11 year old girl, who was watching them out of curiosity.

Were they political prisoners? Certainly not.

They were simply mercenaries, Zimbabweans killing foreign freedom fighters or their supporters and on the payroll of a foreign country.

They were given later on South African citizenship, before the apartheid government went out of office.

Now the buck was passed on to the new South African government, to look after them as well.

Mugabe was right not to release them on the request of Nelson Mandela, the Truth and Reconciliation Commission and Thabo Mbeki.

Nobody could have blamed him, if he would not have pardoned them now.

A few quotes on Kevin Woods:

He is a cowardly killer, capable of shooting anyone in the back.

Woods is a snivelling coward. He should answer for the murder of Eric Roberts – he is no hero.

Posted in AIG and CNA, Contractor Casualties and Missing, Defense Base Act, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, Follow the Money, Injured Contractors, Interviews with Injured War Zone Contractors, LHWCA Longshore Harbor Workers Compesnation Act, PTSD and TBI, spykids | Tagged: , , , , , , , , , , , | 9 Comments »

Insurance Companies Stripping Medical Records

Posted by defensebaseactcomp on March 2, 2011

“Several stories detail possible fraud or questionable actions practiced by at least several major insurance carriers, but ignored and unpunished by regulators.

The WFAA-TV series has revealed how some insurance companies send peer review doctors medical files “stripped” of records important to the possible approval of workers’ comp claims.

Those peer review doctors who routinely deny care receive lucrative contracts, while those who approve care fail to be rehired.”

Thanks to Barry for putting this together with links at

Deadly Insurance Companies Organized Crime

WFAA revealed that the Texas Workers Comp Commissioner was a former insurance company lobbyist, and when he denied that WFAA showed his lobbyist business card !!!! HE LATER RESIGNED !!

Posted in ACE, AIG and CNA, AWOL Medical Records, Contractor Casualties and Missing, Defense Medical Examinations, Follow the Money, Hope that I die, Political Watch, Racketeering | Tagged: , , , , , | 5 Comments »

Dr Lawrence Blumberg used by AIG

Posted by defensebaseactcomp on February 16, 2011

Dr Lawrence Blumberg or MCN Info Please

I am asking in this forum as well as the federal forum because MCN is from Oregon or Washington. MCN(Medical Consultants Network) set up a second opinion appointment for me. I live in the Tampa Bay area and they flew Dr Lawrence Blumberg in from Miami. He refused to look at the reports I brought, did not look at me, was rude and confrontational, rushed through an exam, my total time with him was 11 minutes. He looked at one film out of 7 or 8 and held it up to the ceiling light(there was no light box in the massage room). The door to the exam room which was at a massage business was open the entire time and his assistant stood in the doorway the entire time. (I was the only “patient” there, in fact the door was locked when I arrived) Neither the doctor or his assistant were in medical clothes. I have 3 cervical vertebrae that are fused, aherniated disc and numerous other problems in my neck documented on the mri, myelgram, cat scan and he found nothing wrong. Any help or info on Blumberg or MCN would be helpful. MCN just got a 13 million dollar contract to set second opinion appointments for the southest owcp. They also do northwest owcp, ny and wash dc.

This was crossposted from Workers Compensation Insurance

Have any of the injured contractor workers been sent to second opinions, in Florida or other states,to Dr Lawrence Blumberg? Are they being routed through the doctor broker MCN (Medical Consultants Network)? Blumberg has testified for aig before.

Posted in AIG and CNA, Defense Medical Examinations | Tagged: , , , , | 2 Comments »

 
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