Defense Base Act Compensation Blog

The Modern Day DBA Casualty

The DBA’s Exclusive Remedy: Why Danny Fitzsimons’ PTSD was a Non Issue?

Posted by defensebaseactcomp on August 16, 2009

The Defense Base Act includes a clause called the “Exclusive Remedy” making the DBA the employers exclusive liability and the employees’s exclusive remedy.

When the contract company  purchases the cost reimbursable DBA insurance for it’s employees it has just been released of all liability for any reason.   It is relieved from  litigation by the employee or his/her family members.  Many employees have never heard of the DBA or know that it is their exclusive remedy.  There is no “policy” delivered to them for their perusal or signature.

There is no financial gain to the employer by screening for PTSD and no financial loss to them when an employee snaps.  Even worse, when an employee files a claim for PTSD they most often are denied diagnoses and treatment by the DBA insurance companies AIG and CNA.

When the employee is forced into years of litigation in the Department of Labors’ Administrative Law System they will be pitted against their employer.   AIG and CNA will subpeona the employers representatives and fellow employees to testify against them at their hearing.  They may lie and blame this mental illness on the wife, or stepchildren,  anything but the stress of working and living in a war zone.

Many of the deaths and injuries to civilian contractors in the war zones were due to negligence on the part of the employer.     Employers often failed to provide necessary safety equipment, security,  and/or to implement, or allow to be implemented,  the most basic Safety and Standard Operating Procedures that would normally be followed.   So far there has been no consequence to bear on the companies or individuals who were negligent.

Paul McGuigan and Darren Hoare are dead.   Young children have lost their fathers and their own financial futures as the DBA will little if anything, reimburse them for this loss.  It’s possible these families will never see a dime from the DBA insurance company.  Hopefully there were supplemental policies in place.

Danny Fitzsimons was lost to this world years ago when his mental instability was not properly addressed.

He now stands in the eyes of the Iraqi’s as representative of all those who have abused them over these years.  He is being fast tracked through their legal system to a possible hanging.

As the facts of this tragedy come to light we see clearly how many times the opportunity to prevent it were overlooked.

The only ones who will pay the price are the dead, injured, incarcerated, their families and the US taxpayer who paid for the insurance policies and may reimburse the insurance companies for the claims, to include their attorneys,  under the War Hazards Act.

The DBA and it’s Exclusive Remedy clause are a free pass to unmitigated negligence.

10 Responses to “The DBA’s Exclusive Remedy: Why Danny Fitzsimons’ PTSD was a Non Issue?”

  1. daffodils said

    You are absolutely correct; this is the way it goes. Adding insult to injury with the full blessing of the labor department.
    There is also a “no fault” rule in the DBA, that encourages employers to be negligent with legal impunity.
    When it comes to a worker with PTSD however, the hearings are all about assigning blame to the worker or his family and the administrative law judges tolerate and often believe this libelous nonsense.

    Perhaps the whole idea is to wait until they snap and kill themselves or others. Suicide and homicide is not compensable because it is considered “willful” (although psychiatrists dispute this) and think prisoners don’t qualify (not 100% sure of that). In their murderous minds, why diagnose and pay for treatment when the system is set up to dispose of thousands of civilian contractors with PTSD?

    Again, where is the justice department? Somehow don’t think a British judge will go along with this insane scenario that practically invites negligent homicide.

  2. Barry said

    Thank you for this excellent article and Daffodils excellent comment !!

    It is from Hell that our government has allowed “The DBA to have an Exclusive Remedy clause.

    This is clearly written to allow the employers and the insurance companies to do whatever they choose, and since they have no conscience they choose to practice great evil as they intentionally bury the injured and their families.

    I want y’all to be aware that this very same type of criminal insanity is allowed in U.S. Title 29 disability cases, where the insurors have the sole authority to make all decisions unless they are proved to be arbitrary and capricious. Even if the Court writes that insurance company fraud has been more than sufficiently alleged, the DOL, FBI, and DOJ have done nothing.

    Thsi proves the exact same type of insane protection has been given to the insurance companies in two different areas of insurance ( DBA and U.S. Title 29 Disability)

    We have to continue this battle, and be sure our government leaders are aware of the destruction they are enabling. We often hear them talk of their great allegiance with God, but right now the only connection I can see is a close connection to the insurance companies and employers evil. I hope our government leaders will prove me wrong soon, if they don’t stop this evil then I pray God will hold them accountable for the widespread horrendous suffreing they are enabling !!

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