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.

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.”

War is Brain-Damaging

The Defense Base Act Insurance Companies and the Department of Labor are as negligent as the Department of Defense when it comes denying the dangers of Post Traumatic Stress Disorder and Traumatic Brain Injury, and most negligently when a contractor suffers from both.

“a potentially lethal combination of post-traumatic stress disorder and traumatic brain injury. When the frontal lobe — which controls emotions — is damaged, it simply can’t put on the brakes if a PTSD flashback unleashes powerful feelings. Seeing his buddy’s leg blown off may have unleashed a PTSD episode his damaged brain couldn’t stop”

The New York Times Sunday Review

These vets suffer from a particular kind of brain damage that results from repeated exposure to the concussive force of improvised explosive devices — I.E.D.’s — a regular event for troops traveling the roads in Iraq and Afghanistan.

“It’s Russian roulette,” one vet told me, “We had one guy in our company who got hit nine times before the 10th one waxed him.” An I.E.D. explosion can mean death or at least a lost arm or leg, but you don’t have to take a direct hit to feel its effects. A veteran who’d been in 26 blasts explained, “It feels like you’re whacked in the head with a shovel. When you come to, you don’t know whether you’re dead or alive.”

The news that Robert Bales, an Army staff sergeant accused of having killed 16 Afghan civilians last week, had suffered a traumatic brain injury unleashed a flurry of e-mails among those of us who have been trying to beat the drums about this widespread — and often undiagnosed — war injury. New facts about Staff Sgt. Bales are coming out daily. After we heard about the brain injury that resulted when his vehicle rolled over in an I.E.D. blast, we were told that he had lost part of his foot in a separate incident. Then we learned that the day before his rampage, he’d been standing by a buddy when that man’s leg was blown off. There are also reports of alcohol use.

People with more appropriate professional skills than mine will have to parse these facts, but from what I have learned in my work as a storyteller, this tragedy may be related to something I heard about in my interviews: a potentially lethal combination of post-traumatic stress disorder and traumatic brain injury. When the frontal lobe — which controls emotions — is damaged, it simply can’t put on the brakes if a PTSD flashback unleashes powerful feelings. Seeing his buddy’s leg blown off may have unleashed a PTSD episode his damaged brain couldn’t stop. If alcohol was indeed part of the picture, it could have further undermined his compromised frontal lobe function

Please see the original and read more here

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

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.

Family says DynCorp lied about killing

Courthouse News  March 6, 2012

DETROIT (CN) – A family claims in Federal Court that DynCorp International covered up the shooting of their son, who allegedly was shot to death by a drunken co-worker in Iraq.
The family of the late Justin Pope sued DynCorp and 12 of its employees, including the alleged shooter, Kyle Palmer.
The family claims Palmer was drunk when he shot and killed Justin Pope in front of at least 11 other DynCorp employees on March 4, 2009. They say in the complaint that “Defendant Palmer pled guilty to involuntary manslaughter in the case of United States v. Kyle Palmer … and on March 29, 2010, was sentenced to, among other things, three (3) years in prison for the crime.”
The men worked as security specialists for DynCorp in Kirkuk, Iraq, assigned to protect American diplomats and dignitaries. DynCorp is a private military contractor based in Falls Church, Va.
Pope, a Detroit native who served two tours of duty in Iraq, was 25 at the time of his death.
Pope’s family claims DynCorp and the alleged witnesses conjured up a story to cover up the facts of his death.
The complaint states: “Defendant Palmer in his drunkenness, pulled out a gun, pointed it at Justin’s mouth, pulled the trigger, and shot Justin to death

“Within 24 hours, defendants commenced a series of events as part of a conspiracy amongst and between themselves as well as, at some point, agents of the United States government, to deceive and mislead the public – and Justin’s family, plaintiffs herein, in particular – with regard to the facts and circumstances of Justin’s death, withholding the truth from them.
“Among the falsehoods that Defendants affirmatively told plaintiffs and/or communicated to the public, at various times from March 4, 2009 to the present and continuing, were the following:
“a. That Justin was alone when he was killed;
“b. That Justin shot himself;
“c. That Justin was intoxicated, in violation of DynCorp policy;
“d. That Justin was shot by his own firearm;
“e. That Justin was shot because he and Palmer were pointing their guns at one another;
“f. That Justin, while intoxicated, pointed his gun at Palmer’s head;
“g. That Justin’s death was exclusively his fault; and
“h. Other falsehoods.
“Among the facts that defendants deliberately concealed from plaintiffs were the following:
“a. That defendant Palmer shot and killed Justin;
“b. That Justin was shot from a distance of at least several feet;
“c. That there was no evidence that Justin had ingested alcohol or any other intoxicants;
“d. That there were at least eleven (11) people in the room at the time that Justin was shot;
“e. That there was widespread ingestion of alcohol and intoxication amongst DynCorp employees, including but not limited to individual Defendants
Palmer, Fleming, Hillestad, Augustine, Igo, Tanner, Isaac [Doe 1] and Doe #’s 2-7, the night of Justin’s shooting death;
“That while DynCorp claimed to have a policy of zero tolerance for alcohol ingestion by DynCorp employees on its premises in Iraq, in fact, alcohol abuse was permitted, tolerated, authorized, condoned, approved, known, and promoted by Defendant DynCorp;
“That defendant DynCorp had ordered all its employees who were present in Justin’s room when he was shot and killed to go into a room and not come out until they had agreed upon a story as to how it had happened so they could conceal the truth; and
“Other pertinent information.
“Plaintiffs to this date have never been provided any information regarding the medical treatment that was provided to Justin after he was shot and before he died.
“Plaintiffs to this date have never been provided any of defendant DynCorp’s investigation reports or information about the internal investigation that supposedly occurred after the shooting.”
Even after Palmer’s conviction and sentencing, DynCorp continues to stick to its fabricated story, Pope’s family says.
They add: “The acts, false statements and omissions of defendants, described above, were intentional, willful, wanton, and designed to cause pain and injury. They were malicious, and were performed in violation of and with deliberate indifference and/or in reckless disregard of plaintiffs’ respective emotional well-being. …
These craven acts of dishonesty, some of which occurred immediately after Justin’s death and in the wake of his family’s shock and grief, and continue to this day, consisted both of fabricating events that did not happen (e.g. telling Justin’s family that ‘he shot himself’) and of intentionally withholding information regarding the circumstances of his death from the family. These acts of dishonesty were committed directly by defendants, and as part of the conspiracy, alleged herein, amongst defendants and with agents and officials of the United States government.”
Pope’s family seeks exemplary damages for conspiracy to intentionally inflict emotional injury, and intentional infliction of emotional injury.
They are represented by William Goodman, with Goodman Hurwitz

Please see the original and read more here

Medical bills can wreck credit, even when paid off

When CNA does not pay Walter Reed and it goes on your credit rating as a “Serious Delinquency to the Treasury Department”

When AIG does not pay Landstuhl and the government attaches your Social Security, your only source of income because they are denying your claim

When CNA, AIG, ACE “approve” your doctors and medical but do not pay the bills

When CNA does not pay laboratory fees that show up on your credit rating years later

When CNA approves your wheelchair but it is repossessed due to non payment

When a US DOL ALJ signs a useless order requiring CNA or AIG to pay your past medical bills and they boldly defy the order

Your credit has been irreparably damaged and it is you that must bear the extreme cost of their abuse, never the insurance company or those that help them get away with this

By Carla K Johnson AP  March 4, 2012

CHICAGO (AP) — Mike and Laura Park thought their credit record was spotless. The Texas couple wanted to take advantage of low interest rates, so they put their house on the market and talked to a lender about a mortgage on a bigger home in the Dallas-Fort Worth suburbs.

Their credit report contained a shocker: A $200 medical bill had been sent to a collection agency. Although since paid, it still lowered their credit scores by about 100 points, and it means they’ll have to pay a discount point to get the best interest rate. Cost to them: $2,500.

A growing number of Americans could encounter similar landmines when they refinance or take out a loan. The Commonwealth Fund, a private foundation that sponsors health care research, estimates that 22 million Americans were contacted by collection agencies for unpaid medical bills in 2005. That increased to 30 million Americans in 2010.

Surprisingly, even after the bills have been paid off, the record of the collection action can stay on a credit report for up to seven years, dragging down credit scores and driving up the cost of financing a home. An estimated 3.4 million Americans have paid-off medical debt lingering on their credit reports, according to the Access Project, a research group funded by health care foundations and advocates of tougher laws on medical debt collectors.

Among them are Nathen and Melissa Cobb of Riverton, Ill., who tried to refinance their home last year. They didn’t qualify for the loan because of $740 in medical bills that had been sent to a collection agency. The Cobbs were surprised because the bills — nearly a dozen small copayments ranging from $6 to $280 — had been paid before they tried to refinance. The collection action took their credit score from good to mediocre and is likely to mar their credit report for years.

“I’m not one of those people trying to ditch out on my bills,” 34-year-old Melissa Cobb said. “I’m really frustrated.”

Medical bills make up the majority of collection actions on credit reports, and most are for less than $250, according to Federal Reserve Board research.

Please see the original and read more here

Defense Base Act Attorney Alert

At the risk of sounding repetitive:

It is NEVER a good thing when your DBA Attorney/Lawyer is not returning your calls and emails

It is NEVER a good thing when your DBA Attorney/Lawyer is not sending you copies of correspondence and actions on your claim

It is NEVER a good thing when your DBA Attorney/Lawyer refuses to send evidence to the DoL Claims Examiner when asked to do so

It is NEVER a good thing when you never receive copies of actions on your claim from the DoL

If your DBA Attorney/Lawyer is, or ever was, Bruce Nicholson, or

If your DBA Attorney/Lawyer was Dennis Nalick and you left your file with Matthew Singer or

If your DBA Attorney/Lawyer is one of the sign em and stack em high volume, low results, insurance company favorites or

If your DBA Attorney/Lawyer does not have malpractice insurance (it is not required to handle DBA claims)……

Remember that it is you and your families future at stake and stay on top of your claim

Because these DBA Attorneys/Lawyers are saving the insurance companies millions of dollars on the backs of widows and disabled contractors

YOU must do this for yourself and do it when you first begin to have doubts

Former Navy First Class Petty Officer, Civilian Contractor Paul Terrell, Quietly Murdered in Afghanistan

Editors Note:  A murder would be covered under the DBA, a suicide would not ….

Vicki Terrell  Comment left on November 7, 2010

I know for a fact the the CID in Afghanistan do not investigate all of the cases!

My husband, Paul A. Terrell, was murdered on base at Camp Phoenix on June 17, 2010 and they are trying to say that it was a suicide. It was NOT suicide! He had only been back on base for a few hours after a 2 week vacation home.

He was retired from the US Navy and on his third tour as a civilian contractor.

His passport is still missing along with his cell phone he had just called me from.

They have given me at least 5 places where his passport is and every place they say claims to not have it.

He was hung in his shop in the early hours of June 17.

When they sent me the list of evidence from the scene, the top of the list was a cigarette butt. When I told them that my husband did NOT smoke, they said they would do DNA on the cigarette.

Now they claim that the DNA matched and when they sent his things home they DID NOT send his shaving kit (obviously where I could have gotten DNA).

They waited to send everything home until he was cremated so I could not get his DNA.

Thinking I could trust the military to due a proper investigation

I WILL eventually find out what happened and clear my husband’s name, but until then there will not be any closure for myself or our 2 granddaughters that we are raising. I have contacted 2 of his friends there only to be hung up on or ignored.

It makes me wonder if they are afraid or been ordered not to talk to me.

If anyone out there knows of someone that will investigate this, please let me know.

My husband was not depressed or unhappy. He was there to serve his country and make the money to send our girls to college. We were very happily married without problems. A few hours before he had even gone jogging and told these friends about us looking for a new home in Florida on his vacation!

I ask you…Is this a man that would have committed suicide? Absolutely not…He WAS murdered!!!

Insurance Companies buy Republican US Senator, among others, to Further Deny Your Rights under the DBA

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

Here's Johnny !!

Johnny Isakson of Georgia has presented Bill S. 669 to the Senate which has been referred to a committee on which he sits, the Senate Committee on Health, Education, Labor, and Pensions, for deliberation, investigation, and revision.

TRACK THIS BILL

Bill S.669 was introduced AS IT WAS WRITTEN BY IT”S SPONSOR who is Senator Johnny Isakson, who is heavily supported by Insurance Companies and Attorneys who stand to reap ever larger profits than they already do if this bill were to become law.

Nearly every aspect of the Bill would be a huge present to the Defense Base Act Insurance business.

Johnny is looking out for the insurance companies and attorneys

This grim reaper sits on the Veterans Affairs Committee as well.

Johnny Isakson can be contacted at 202-224-3643.

1175 Peachtree St Ne
Atlanta, GA 30361
Phone : (404) 347-2202

The following is from the Johnny Isakson page at MapLight.org

Total Campaign Contributions Received by Johnny Isakson: $8,231,997

Interest	Contributions
Real Estate	$854,942
Lawyers/Law Firms	$449,582
Health Professionals	$298,416
Insurance	$251,650
Banks and Credit	$236,150
Lobbyists	$214,261
Securities & Investment	$200,500
Misc Finance	$178,075
Pharmaceuticals/Health Products	$167,500