Defense Base Act Compensation Blog

The Modern Day DBA Casualty

DoL Cracks Down on DBA Paperwork

Posted by defensebaseactcomp on June 28, 2009

In a promising new change of heart from the Department of Labor……

word is they are requiring the insurance companies to start handling paperwork properly.

Word also is that CNA’s claims adjuster is under particular scrutiny.

Let’s hope that those who have falsely denied medical and lost wages

by filing LS 207’s that say things like “deny all issues” to bomb blast victims

are made to pay in a way comparable to the losses incurred by the DBA

Casualties and their families.

……and  that those Department of Labor employees who allowed the LS 207’s

that said things like “deny all issues” to bomb blast victims to become the

acceptable standard,  no questions asked,   are removed from their positions.

12 Responses to “DoL Cracks Down on DBA Paperwork”

  1. Barry said

    When you have time I hope you will provide more evidence regarding “LS 207’s that say things like “deny all issues” to bomb blast victims”

    Please include the DOL’s actions and inactions or anything else you have that proves gtheir failures to take action regarding this.

    If you will also email me a copy or let me know you have posted it on this website, that way I will be sure not to miss it.

    What you have posted on this topic looks like there may be some very serious fiduciary breaches from the insurance companies and the DOL government employees.

    Thank you so much for all that you do !!

  2. Marlo Hone said

    Barry I can comment on this for this web site person. If you are not involved in the DBA laws and know how the LS 207’s work with the DBA laws with the War Zone contractors you would be lost in everything that has happen to all of us in the last 6 years. There as so many cases. If you want a quick over view watch the June 18, Hearings.
    Yes, we are fighting a lot of the same fights the laws that we are fighting are not the same. While we worked under the government the government did not employee them. These men and women were not directly employed with the DOS, DOJ, or DOD.
    While my husband did work under the DOS his employer was DYN-CORP international. He was and contract employee. So the laws of insurance that these men and women fall under is totally different then the average worker or person who has insurance.
    These men and women are guaranteed insurance the day the sign their contracts under the DBA Law if they are injured while working under contract. The problem that they are having is with the insurance company that the government contracted to insure these peoples lives. These companies are denying injuries that would not happen if they were state side.
    While I do feel for you for your fight you must understand that your fight and the laws that you fight are much different then the laws that we have been fighting. These men and women were guaranteed to be covered by the Federal Government to be taken care of if anything would happen to them. Just like if they wore a uniform like a military member. That is the fight that we are fighting.
    We are not fighting a independent insurance coverage.

  3. defensebaseactcomp said

    Actually though our arrangements for medical care and disability are different, we never see an insurance policy or are explained the extreme limitations of the DBA, the insurance companies often deny and delay medical treatment on the other policies they issue.
    Our battle with the DBA is somewhat more complicated but our friends like Barry are fighting for their lives just the same.
    There are people like our claims adjusters at AIG and CNA who make things as difficult as possible for everyday citizens who pay their premiums, or their bosses pay their workmans compensation.

  4. Barry said

    Thank you for your comment defensebaseactcomp.

    Marlo, I am new to the DBA aspect of this, but in spite of my eye cancer I am a desperate quick learner, and I have filed an FOIA request to the DOL regarding the DBA. The website administrator has expresssed their thanks for this, as has T.Christian Miller of ProPublica.

    I did not have independent coverage, my coverage was a corporate job benefit that I worked very hard for.

    I hope you will understand that our common bond is the fact that insurance companies and employers are involved in widespread identical organized criminal violations in the illegal denials and delay tactics they are intentionally implementing in DBA cases, Workers Comp cases, and Disability cases governed by U.S. Title 29.

    Please take at least one minute and start reading http://www.judgesquotes.blogspot.com to see how the same criminal tactics are being used in multiple forms of insurance.

    I would like to also say that as an American citizen, even if I had no insurance policy, I am mad as heck that this is occuring to war zone contrators who bravely serve our country.

    I am having some new extreme vertigo problems because of my additional typing, and I will not be able to continue to explain why i am taking action, so i hope this explains my involvement, and also hopefully the comment from defensebaseactcomp will help you understand that I am trying to help your cause. As you will see on the website I mentioned above, I filed a motion that was placed on the docket of the U.S. Supreme Court, I also filed a complaint that lead to the indictment and conviction of Tennessee State Senator John Ford.

    We are in a tremenddous uphill battle, all groups being affected by these identical insurance company crimes (and all Americans) should pull together and get involved before it’s too late.

  5. Marlo Hone said

    Barry,

    I truely ment no disrespct. I just ment that the fight that the contractors with the DBA is different then stateside workmans comp. Since my husband has started this battle I have researched both sides of the battle and have found that there is much more help with stateside. More lawyers are willing to step up and work with the injured. When you call a lawyer and mention that you are an injured Federal Contractor they take off running.
    I truely know that the insurance companies are ran on a deny money hungry thoughts. Only to make their pockets bigger and there buildings look better.
    I am very sorry to hear about your Vertago I know it has got to be very rough. I just found out I am loosing my sight in my left eye. This is of no faught of mine or any work but of an 18 year old running a stop sign. This is something I just found out (brain after a TBI can start to calcifiy.) Yes turn into bone. The bone is pressing into my optical nerve.
    But so is life.

    But Barry I am looking for the book “The Shack” on Audio for you. DO you have an IPOD? If you do I will purchace it for you on itunes and send it to you. Trust me it is worth listening to.

  6. Barry said

    Hi Marlo,

    Your comments are fine, I just wanted to explain the links to our causes.

    I appreciate the offer for the audio book, but I am so overwhelmed with this battle i do not have time now. Ephesians 6:12 and John 3:16 and faith in God keep me going.

    Thank you for your offer regarding the book, if I ever get caught up I’ll keep it in mind : )

  7. Krash said

    Here’s some of AIG’s excuses:

    “No evidence that the injury occured. Claimant is time barred from benefits per Section 13 of the Longshore Act. Medical evidence does not support a causal relationship” May 13, 2008. (My claim was filed within the time limits stated in the Longshore regulations)

    “Claimant did not sustain an injury in the course and scope of employment.” May 13, 2008 (I guess that because I was involved in major motor vehicle accident outside the wire that it doesn’t fall within “the course and scope of employment”)

    Changed Attorneys August 2008 then this:

    “Claimant did not sustain an junury in the course and scope of employment. Claimant’s alleged injuries did not arise out of her employment with Employer. Claimant failed to provide timely notice. Claim is barred by statute of limitations. Alternatively, Employer/Carrier raise 8(f).” December 19, 2008 (what part of injuries sustained by being involved in a major motor vehicle accident in Iraq doesn’t fall under the “scope of employment” and as previously stated claim filed within time limits or an attorney wouldn’t have taken the case)

    All the above LS-207’s were accompanied by a form letter from the DOL that said to contact the carrier if you disagreed and then contact your attorney, with a final sentence of “In the event that you are unable to resolve the issues of this controversion and desire to pursue your claim, please contact this office.”

    Sometimes I just wonder how many claimaints give up at this point.

    Barry, we appreciate all your help and hope you will continue to support our cause as we will also help you if you need it.

    Thanks

  8. Barry said

    Thank you very much Krash !!

    As time permits I hope y’all are notating and compiling all false statements, violations and denials of treatment, starting with the most major and obvious.

    In case you are not aware of this, I have learned in the courts it is very important to state the specific facts of how they violated the laws.

    For instance, when they wrote “No evidence that the injury occured”, it is necessary for you to show specific evidence that proves this is false. You don’t have to show everything, but the courts and prosecutors want to see facts to back up the allegations. Of course you need to be careful that this does not jeopardize your own case.

    My visual probs are severe so i can’t compile the specific cases, but I am very interested in case examples that show false statements and some specific evidence that shows how false they are.

    I really feel for all of you !! It is hard to believe how often this is occuring, and the DOL’s extremely poor performance. They need to replace all those who have turned their backs on the destruction that continues to occur.

    Thanks again for your kind words Krash, I’m on your side forever !!

  9. It sucks big time said

    Has your lawye filed a LS-207 on behalf of occupational disease from the effects of the PTSD, BTI, or PCS issues, for along with my claims on 3 of the IED explosions, and then seperate filings for the occupational disease the statute of limitations is different than that of the initial filing of compensation in regards to the explosion itself. In my case they now are attempting to decide if PTSD was from the expolosions, or mother abandoning me as a kid, nice uh

  10. It sucks big time said

    Does anyone know if there is a place where one can get temporary help, medical bills, life, treatment, so expensive if you attempt to work when you screw up from the effects your illness, injuries have on you you cant keep a job, cant go back to iraq due to medications, so aside from financial suicide in attempting to get help, a person is pretty much doomed. So if you attempt to work you will jeopardize your possibility of disability, temp disability whatever the case may be, or lose everything in the process of attempting to resolve the issue of disability or temp. disabilty. On a final note to my knowledge there is only one company that has been penalized for not reponding within the timeline requirements for responding to the LS -207 whereas the law states under LWCA for the DBA that the company is required to notify insurance company of any injuries, or hospital visits related to work related injuries? Thank you

  11. Marlo Hone said

    I can tell you to go to the state. I know that is what some of us did. I know what you need is a friend and that is what we are all here for. We have all been there. Looking like we were here a lone with no help. First thing is first do you have a lawyer. A GOOD LAWYER. There are a few out there that are not good ones even though they will tell you they are. Trust a few of us we all know. We all have a few lawyers in our pockets. I know my husbands lawyer said she can take on a few cases right now, if you want her to look at yours. She is new to DBA but she is full of piss and vinegar and does not let them rail road her. She has done right by husband so far.
    For the financial help trust us we are trying to get something going for us. I know we are hoping to have something up and running soon. But right now we are all in financial ruins thanks to the insuance companies.
    We were told in June that after the hearings we would see results. Which some of us have little one. But the system is so broken that it will take months maybe years to fix it all.
    The holder of this site knows me and has my information they can foward it on to you if you would like. You can also find me on Facebook and can email me there.

  12. Marlo Hone said

    Ladies and Gentalmen… I have found something that will interest everyone. This was put on by the National Council on Disability:
    1331 F Street, NW, Suite 850
    Washington, DC 20004

    It was put on the web on March 4, 2009. A very interesting read. Many of you might want to print it out and keep it for your lawyers or files.
    http://www.ncd.gov/newsroom/publications/2009/veterans.doc

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