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.”

At Least 49 Civilian Contractor Deaths Filed on in First Quarter 2012

WE ARE THE BEST KEPT SECRET OF THE WARS

According to the Department of Labor’s Defense Base Act Claim Summary Reports there were at least 49 Civilian Contractor Deaths filed on in the first quarter of 2012.

Keep in mind that these numbers are not an accurate accounting of Contractor Casualties as many injuries and deaths are not reported as Defense Base Act Claims.  Also, many of these injuries will become deaths due to the Defense Base Act Insurance Companies denial of medical benefits.

Many foreign national and local national contractors and their families are never told that they are covered under the Defense Base Act and so not included in the count.

At least 2, 580 Defense Base Act Claims were filed during this quarter

At least  49 were death claims  

(3  reported for Iraq compare to 1 coalition death,  36 for Afghanistan compared to 97 coalition, Kuwait 2, UAE 1, Columbia 1, Nation Pending 2)

At least 1008 were for injuries requiring longer than 4 days off work

At least 196 were for injuries requiring less than 4 day off work

At least 1433 were for injuries requiring no time off of work

A total of 84, 820 Defense Base Act Claims have been filed since September 1, 2001

Contact dbacasualty@yahoo.com for questions regarding these numbers

Nuclear Workers Data Breach Revealed

Huntington News  March 29, 2012

Craig, CO – The Alliance of Nuclear Worker Advocacy Groups (ANWAG) has learned and is “extremely disturbed” that the Department of Labor’s Office of Workers’ Compensation Programs (OWCP) failed to inform claimants that one of their medical contractors, Impairment Resources LLC, had computer files stolen on December 31, 2011.

These files contained claimant names, addresses, social security numbers, and medical records. ANWAG was alerted to this issue by a claimant’s authorized representative, Gary Vander Boegh, who forwarded this article on the break-in: http://www.databreaches.net/?p=23593.

I confirmed with OWCP Division of Energy Employees Occupational Illness Compensation that they were notified of this breach in early February. Yet almost two months later they are still trying to identify which claimants have had their records breached,” stated Terrie Barrie of ANWAG. “I’m appalled that OWCP did not immediately issue a general warning that some of their claimants may have had their protected information stolen.”
“The lack of timely notification to the affected people seems egregious,” added Faye Vlieger of CWP. “I am highly indignant with OWCP withholding the facts. It shows a certain highhandedness of OWCP to assume there will be no damage done by the break in.”

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

Defense Base Act Mileage Reimbursement Rates Effective January 1, 2012

GSA Privately Owned Vehicle (POV) Mileage Reimbursement Rates

The GSA Reimbursement Rates apply to Defense Base Act Claimants.  Check the archives below to be certain you have not been underpaid by CNA

Modes of Transportation	Effective/Applicability Date	Rate per mile
Airplane*	January 1, 2012	$1.29
Automobile
If use of privately-owned automobile is authorized or if no Government-owned automobile is available.	January 1, 2012	$0.51
If Government Owned Automobile available	January 1, 2012	$0.19
Motorcycle	January 1, 2012	$0.48

* Airplane nautical miles (NMs) should be converted into statute miles (SMs) or regular miles when submitting a voucher using the formula (1 NM equals 1.15077945 SMs). You can also use the link to BoatSafe.com (a non-government website) to assist you in converting NMs to SMs or SMs to NMs.

For calculating the mileage difference between airports, please visit the U.S. Department of Transportation’s Inter-Airport Distance web site.

Previous motorcycle rates
Effective Date		Rate per mile
January 1, 2011		$0.48
January 1, 2010		$0.47
January 1, 2009		$0.52

The following are previous privately owned automobile rates:

Previous automobile rates
Effective Date		Rate per mile
January 1, 2011		$0.51
January 1, 2010		$0.50
January 1, 2009		$0.55
August 1, 2008		$0.585
March 19, 2008		$0.505
February 1, 2007		$0.485
January 1, 2006		$0.445
September 1, 2005		$0.485
February 4, 2005		$0.405
January 1, 2004		$0.375
January 1, 2003		$0.360
January 21, 2002		$0.365
January 22, 2001		$0.345

Defense Base Act Average Weekly Wage through 9-30-2012

National Average Weekly Wage

National Average Weekly Wages (NAWW), Minimum and Maximum
Compensation Rates, and Annual October Increases (Section 10(f))

These apply to Defense Base Act Claimants at the time of award. 

PERIOD	NAWW	MAX	MIN	PERCENT INCREASE
10/01/2011 – 09/30/2012	$647.60	$1,295.20	$323.80	3.05%
10/01/2010 – 09/30/2011	$628.42	$1,256.84	$314.21	2.63%
10/01/2009 – 09/30/2010	$612.33	$1,224.66	$306.17	2.00%
10/01/2008 – 09/30/2009	$600.31	$1,200.62	$300.16	3.47%
10/01/2007 – 09/30/2008	$580.18	$1,160.36	$290.09	4.12%
10/01/2006 – 09/30/2007	$557.22	$1114.44	$278.61	3.80%
10/01/2005 – 09/30/2006	$536.82	$1073.64	$268.41	2.53%
10/01/2004 – 09/30/2005	$523.58	$1,047.16	$261.79	1.59%
10/01/2003 – 09/30/2004	$515.39	$1,030.78	$257.70	3.44%
10/01/2002 – 09/30/2003	$498.27	$996.54	$249.14	3.15%
10/01/2001 – 09/30/2002	$483.04	$966.08	$241.52	3.45%

Reckless or reliable? The people who work with danger

There can be heavy financial costs when things go wrong.

In 2008, the US Department of Labor reported the cost of accidents in the US to be $1bn (£0.64bn) a week in both direct and indirect costs.

BBC Business News  January 12, 2012

A typical day would start with meeting the bodyguards, getting into the armoured car, and zooming off to one of the ministries. A place with so much violence – but with such hospitable people – is intriguing.”

Not the sort of working environment you would associate with a chartered accountant, but Adam Bates specialises in forensic accounting for KPMG, and was on the trail of former Iraqi dictator Saddam Hussein’s missing oil-for-food millions in Baghdad.

Adam says: “You sit in the armoured car in your pinstriped suit with your briefcase on your knee with the bodyguards around you – a big grin on your face.”

Accountancy would not be the profession that sprang to mind if you were asked to name a dangerous job.

How about Jesse James’s profession: “I spent 16 years as a bomb disposal expert in the army before joining MAG (Mines Advisory Group) International in 2004 in mine clearance. Since then I’ve worked on the Iraq programme, as well as in Lebanon and South Sudan.”

Please read the entire article here

At Least 418 Civilian Contractor Deaths in 2011

WE ARE THE BEST KEPT SECRET OF THE WARS

According to the US Department of Labor’s  Defense Base Act Case Summary Report at least 418 Defense Base Act Death Claims were filed in 2011.

Civilian Contractor Casualties and their related costs are one of the best kept secrets of the Wars.

The Department of Labor does not release the names of the claimants

We scour all internet sources for the names of the Contractors Injured or Killed and are able to identify less than 10% of those reported.  Click on our Contractor Casualties tag for most of those we indentified and visit our  Memorial Pages which we apologize for being behind on.

We’re breaking this down with more details coming

Please contact us at dbacasualty@yahoo.com if you have questions regarding the casualty count

See also At Least 87 Contractors Dead in Fourth Quarter of 2011

   At Least 49 Civilian Contractor Deaths filed on for First Quarter of 2012