Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Archive for January, 2010

DynCorp Press Release: DynCorp Establishes DI Care Employee Assistance Program

Posted by defensebaseactcomp on January 31, 2010

A good move if they are going to help injured employees financially while CNA refuses to pay their  DBA claims.  Far too many DynCorp injured “valuable” employees have lost their homes and families with no help from anyone at all.

It would be better late than never

How much support will they be giving to corporate, medical, and government stakeholders (read CNA/DynCorp Carrier/Employer, their third party medical providers and the Department of Labor)  and how much support will they be giving their serious and mortally injured employees?

DynCorp Press Release January 29, 2010

FALLS CHURCH, Va. – (Business Wire) DynCorp International (NYSE:DCP) has established DI Care Employee Assistance Program (EAP), a corporate-wide initiative to assist employees in the event of serious or mortal injury. DI Care EAP will serve to lead all aspects of casualty procedures, family notification and victim assistance; help injured employees obtain legitimate insurance and benefits claims, and to support corporate, medical, and government stakeholders regarding the disposition and handling of more complex employee assistance claim administration and processing.

Michael Warren, previously head of DynCorp International’s Civilian Police (CIVPOL) Employee Assistance Program (CEAP) since its inception in 2007, will serve as Director of DI Care EAP. This new position encompasses all DI programs, providing a central point of contact and dedicated personnel to assist victims and help families manage benefits and claims. CEAP has set the industry standard for employee care and support, distinguishing DI among government service providers. DI Care EAP will ensure the same level of support and assistance corporate-wide to injured employees and to families of those injured or killed.

Michael Warren joined DI in 2004 as an international police advisor, working overseas for two years in that capacity before taking over responsibility for the CEAP, providing support for civilian police program personnel. Previous to his employment with DI, Michael Warren was a member of the Harris County, Tex. Sheriff’s Department.

“Excellence begins with caring – I truly believe that,” said Mr. Warren. “The DI Care EAP reflects a culture of caring and commitment to our employees.”

DynCorp International President and Chief Executive Officer William L. Ballhaus said “DI employees serve today for a safe tomorrow. We have people in difficult and often dangerous environments, underscoring the vital importance of a corporate-wide program to ensure that we stand behind and support our employees and their families in the event of a serious injury. I am proud of Mr. Warren for his dedication to this program.”

Posted in AIG and CNA, Department of Labor, Uncategorized | Tagged: , , , , , , , , , | 1 Comment »


Posted by defensebaseactcomp on January 31, 2010

January 30, 2010 by Gordon Duff

Read the full story at Veterans Today

Last week’s breakin at Senator Mary Landrieu’s office in the New Orleans Federal Building was more than it seemed, much more.  All of the 4 arrested had been trained by the CIA and, possibly, Israel.  One arrested, Stan Dai, is listed as an Operations Officer of the Department of Defense Irregular Warfare Program and  a known expert and lecturer on, not only surveillance but explosives training, assassinations and “false flag operations.”  If you wanted a plane to crash, an enemy to get sick and die or a building to blow up, Dai would be the man to know how to make it happen.  Problem is, his skills were being used as part of a criminal conspiracy inside the United States against members of our own government.

Original reports on the “break-in” were also wrong.  One of those arrested was found blocks away with a covert receiver, managing the office bugs.  The man in the car is identified as Stan  Dai, Operations Officer for the Department of Defense Irregular Warfare Program:

”one of the four was arrested with a listening device in a car blocks from the senator’s offices.” The FBI’s affidavit noted that Flanagan and Basel were in the building with O’Keefe, and a federal law enforcement official confirmed to AP that Dai was the one in the car.”

What is not initially known is whether this was the first attempt or, as is much more likely, an additional incursion to plant new bugs as the ones in place were missing key conversations.  Also, it is not known how many “black ops” crews are being run by the CIA inside the United States in violation of their charter or if their operations are being limited to spying on Democratic lawmakers or if operations of a more threatening nature have been performed but remain undiscovered.

Additionally, as this was a covert op against  US government investigations of, not only terrorism and terrorism funding but major financial crimes against the United States, it is unclear who the recipient of the “product,” an intelligence industry term for “output” or information put up for “distribution” might be.  Potential buyers could be the Republican Party, Israel, Turkey, India, Russia, China, Venezuela, North Korea or financial institutions involved in massive money laundering schemes being investigated by the Senate’s Committee on Homeland Security of which Senator Landireu is a member.

Learn how the Intelliegence Community Center for Academic Excellence (IC CAE) at Georgetown University and the CIA got involved in this seedy domestic “black ops” group.  In a story broken this week:

Posted in Uncategorized | Tagged: , , , | Leave a Comment »

Danny Fitzsimons: The cost of violence

Posted by defensebaseactcomp on January 30, 2010

Is a British former soldier about to be tried in Iraq over the shootings of two colleagues a cold-blooded killer or the victim of post-traumatic stress disorder?

Jonathan Owen talks to Danny Fitzsimons

It is three in the morning and pitch black. Danny Fitzsimons is standing in the darkness of a filthy toilet – hiding from his guards – next to the jail cell he shares with 13 men. The 29-year-old former Paratrooper turned mercenary has spent the past five months in the Karabat Maryam police station in Baghdad, after allegedly shooting dead two of his colleagues and seriously wounding an Iraqi guard.

“When I sleep I have nightmares, so I sit up and stay awake because I’m scared,” he says, whispering into a mobile phone. He thinks it best not to say how he obtained it. In a hoarse, hushed voice he tells of terrible things he claims to have seen during his years in the Army and then as a mercenary.

He swears, appropriately enough, like a trooper: he is on edge, with good reason. His life is in the hands of the Iraqi authorities: the usual punishment for murder is the death penalty. Hanging is the preferred method.

“I hallucinate constantly,” he says. “It’s compounded by this place. There’s nowhere to escape to. Back home, I’d just get smashed: I’d just blot it out. But out here there’s nothing I can do.” What he must do is convince an Iraqi court that these hallucinations are reason enough not to execute him if he is found guilty of killing his two former colleagues. Earlier this month an Iraqi judge ruled that psychiatric reports be produced on Mr Fitzsimons prior to the start of the trial. These will be done over the next two weeks.

His trial will also highlight the issue of military veterans, many of whom – traumatised as they are by what they have seen in battle – find it hard to get work on “civvy street” and end up taking well-paid work as soldiers for hire.

According to Mr Fitzsimons, he is one of many: “There are thousands of mercenaries out here, private military guys like myself who are suffering from the same thing that I am… It’s rife.”

Veteran private security operatives claim the sheer number of security companies now operating in Iraq has driven down wages and the quality of personnel. Mix these factors into a cocktail of weapons and alcohol and the only surprise is that there are not more tragedies.

Read the full story here

Posted in AIG and CNA, Department of Labor, PTSD and TBI | Tagged: , , , , , , , , , , , | Leave a Comment »

AIG-War Updates

Posted by defensebaseactcomp on January 24, 2010

Mine is only one case among over 31000.  Misrepresentation, falsifying federal documents—both felonies—were  used to terminate my medical care & benefits.

Is this an isolated incident among the 31000 cases covered by AIG & CNA?

OALJ Case No. 2009-LDA-00335

December 22, 2009

December 29, 2009


Insurance company abuses of war-injured Americans.

Who knew and who did nothing.
Walker & Galichon: Your firm sent me Federal Form LS-208, terminating my benefits, after it was shown to be false; based on misrepresentation. As officers of the court, would this interest the California State Bar?

AIG was paid by taxpayers to provide workmen comp coverage to military contractors.

DOL Judge Romero signed off on a settlement pushing off AIG’s liability onto Medicare and my personal health insurance. Accountability?

Federal law provides penalties for the abuses I, and others, have experienced.

Follow Terry’s Twitter Posts here

Posted in AIG and CNA, Department of Labor, Misjudgements | Tagged: , , , , , , , , , | 12 Comments »

Danny Fitzsimons Denies Being Murdering Psycho

Posted by defensebaseactcomp on January 21, 2010

A former British soldier charged with killing two security guards in Iraq angrily denied during a court appearance that he was “murdering psycho”.

Daniel Fitzsimons was sent for psychiatric evaluation minutes after the start of his trial in Baghdad on charges shooting dead fellow Briton Paul McGuigan and Australian Darren Hoare after a drunken brawl while all three were working as private contractors in the Iraqi capital. An Iraqi, Arkan Mehdi Saleh was injured in the same incident.

Mr Fitzsimons had been treated for PTSD (post traumatic stress disorder) in the UK before he went to Iraq as a security guard. His family back in England said he will be entering a ‘not guilty’ plea on grounds of self-defence.

After the hearing Mr Fitzsimons, 29, told journalists  “When my side of the story gets out, the people who have labelled me as a murdering psycho will be eating humble pie.”  He claimed that he had been goaded and threatened by the men and opened fire to protect himself. “They came in to wind me up?? Those fuckers came to my room to do me in and they tried to do me in.”  Continue Reading here

Posted in PTSD and TBI | Tagged: , , , , , , | Leave a Comment »

Danny Fitzsimons to receive psychiatric evaluation

Posted by defensebaseactcomp on January 21, 2010

BAGHDAD — The trial of a British security guard accused of shooting dead two colleagues in Baghdad was on Thursday adjourned to next month to allow a psychiatric evaluation of the defendant, a lawyer said.

The hearing was set for February 18 “to allow time to prepare a medical evaluation” of Danny Fitzsimons, said a lawyer at the court who was familiar with the case but did not want to be identified.  Full article here

Danny was diagnosed as suffering from Post-Traumatic Stress Disorder, and in May 2008 he was told that PTSD was:

“having an impact on his day to day life and he use[d] drugs and alcohol to combat that and escape from those experiences.”

Despite this, in 2009 Danny was hired by ArmourGroup in August and sent out to Iraq without conducting a full medical. This despite Human Resources Director, Christopher Beese stating in September 2004:

“It seems extraordinary that the doorman of a night club … may have to be vetted and licensed while the same man can be equipped with a rifle, an armoured vehicle and be engaged to protect diamond concessions for a foreign regime in a clear breach of the public interest and perhaps even in contravention of human rights [but he] needs no such regulation.”

Within 36 hours of his arrival, the incident which saw Paul McGuigan and Darren Hoare die took place.

Posted in PTSD and TBI | Tagged: , , , , , , | 1 Comment »

Danny Fitzsimons expected in Court in Baghdad

Posted by defensebaseactcomp on January 21, 2010

Briton in Iraq court over killings

A former British soldier accused of murdering two colleagues during a drunken row in Iraq is due to appear at a Baghdad court.

Former paratrooper Daniel Fitzsimons, 33, is accused of shooting fellow British private security guard Paul McGuigan, 37, and Australian Darren Hoare, 37, after a row in a bar inside a compound in the Iraqi capital in August last year.

Fitzsimons, originally from Rochdale, Lancashire, and the two other men were working for the British private security firm ArmorGroup.

Interior ministry spokesman Major General Abdul-Kareem Khalaf said Fitzsimons could face the death penalty or life imprisonment if convicted of murder.

A spokesman at the UK’s Baghdad embassy confirmed Fitzsimons was appearing in court, but was unable to give further details.

Family and friends have said Fitzsimons is suffering mental torment from the things he witnessed while serving eight years in the British Army, including tours of duty during the Balkans conflict and in Iraq.

His lawyers, John Tipple and Nick Wrack, were attempting to have him extradited back to the UK to face any charges.

Posted in PTSD and TBI | Tagged: , , , , , , , | 2 Comments »

Labor Secretary Hilda Solis avoids interviews and meetings with Contractor Groups

Posted by defensebaseactcomp on January 20, 2010

While Miranda ChiuU.S. Dept. of Labor, Chief, Branch of Policy, Regulations and Procedures, DOL/ESA/OWCP/DLHWC continues to Drop the DBA Ball

The Labor Department, which runs the system, required by a law known as the Defense Base Act, has exercised little oversight over the treatment provided to foreign workers. Despite promises to better enforce labor laws and widespread agreement that the contractor health care system is costly and ineffective , Labor Secretary Hilda Solis has largely avoided interviews and meetings with contractor groups seeking to reform the system.

Labor Day Message to Hilda Solis Secretary Dept of Labor

In the week before the holidays Pro Publica and T Christian Miller produced a run of excellent  articles on wounded Afghan and Iraqi Interpreters, which are part of their ongoing series about injured civilian contractors. In case you missed them during the holiday rush here they are again.

Our Articles onWounded Iraq andAfghan Interpreters-Now in Arabic

Malek Hadi was working with the U.S. military police when a homemade bomb detonated beneath his Humvee in September 2006. (Allison V. Smith/For The Los Angeles Times.)
Malek Hadi was working with the U.S. military police when a homemade bomb detonated beneath his Humvee in September 2006. (Allison V. Smith/For The Los Angeles Times.)

Al Hayat [1], a pan-Arabic newspaper based in London, has translated and published [2] a ProPublica story [3] about the health care struggles faced by Iraqi and Afghan citizens wounded while working as interpreters for U.S. soldiers. Part of a continuing series on injured civilian contractors [4], the original story detailed how injured local interpreters suffered shoddy treatment in a system funded by American taxpayers to provide medical care and disability benefits. Many of the interpreters fled to the U.S. after becoming targets for the insurgency. Once here, they found themselves isolated and in poverty, fighting with private insurance companies who often denied claims for medical treatment. More than 360 Iraqi and Afghan interpreters died [5] while working as translators for defense firms contracted with the military—a larger death toll than any other nation’s armed forces except for the United States.

To supplement Al Hayat’s coverage, ProPublica is translating and posting two related stories. The first piece [6] concerns a doctor who treated hundreds of Iraqi interpreters while working for troubled insurance giant AIG in Jordan. Patients later complained that the doctor did not provide the appropriate treatment—a claim denied by the doctor. The English version is here [7]. A second story [8] takes a look at Iraqi support workers, who have sometimes settled their medical claims for a fraction of the total due to them by insurance providers. Here’s the original [9].

Posted in AIG and CNA, Department of Labor | Tagged: , , , , , , , , , , , , , | 4 Comments »

Loyola Annual Longshore Conference 2010- Overwhelmingly for the Defense again

Posted by defensebaseactcomp on January 19, 2010

Time  for the Annual Department of Labor Sponsored Junket to New Orleans

Again we have a Conference which is Overwhelmingly for the Defense and supported by the DoL

Are there no ethics violations here?

There will be     13      speakers who work for the defense

There will be      7      speakers who represent the injured contractor

There will be      4      speakers who are ALJ’s

There will be       1     speaker is a rehab specialist who claims neutrality but prepares opinions regarding injured workers employability and wage earning capacity.

There will be       1      speaker who is listed as an arbitrator, previously part of a defense firm


Loyola University New Orleans College of Law
In conjunction with the
United States Department of Labor
Present the

Updated Program

Loyola Annual Longshore Conference
March 18 – 19, 2010
Sheraton New Orleans Hotel

Program Schedule

Thursday, March 18, 2010
Introduction – Lana A. Corll, Director, Continuing Legal Education

Alan G. Brackett, Esq. Advisory Board Chair

Alan G. Brackett is a managing member of the New Orleans law firm of Mouledoux, Bland, Legrand & Brackett, L.L.C. He earned his B.A. degree in history from Tulane University in 1982 and graduated from Tulane Law School with a J.D. in 1984. Alan is a member of the American, Louisiana, and New Orleans Bar Associations, the Louisiana and New Orleans Associations of Defense Counsel, The Maritime Law Association of the United States, in which he is a Proctor Member, and the Southeastern Admiralty Law Institute. He is a fellow in the Louisiana Bar Foundation and an Assistant Bar Examiner for the Louisiana Supreme Court.

Named by New Orleans CityBusiness as one of New Orleans’ top 50 lawyers in 2005, he practices extensively in the field of longshore compensation defense and in his over twenty years of practice in this area, has represented employers and carriers before the Office of Workers’ Compensation Programs, the Office of Administrative Law Judges, the Benefits Review Board, United States Circuit Courts of Appeals, and the United States Supreme Court. He has handled longshore claims literally across the United States and is a contributing author to The Longshore Textbook. Since 1998, he has served as both Seminar Moderator and Chairman of the Advisory Board for Loyola Law School’s Annual Longshore Conference and has also spoken at numerous other seminars in the field of longshore compensation.

Handling Claims from Inception to the Informal Conference
• Investigation and Development of Claims
• Dealing with Unrepresented Claimants
• Communicating with Health Care Providers
• Medical Case Management
• Presentation of Positions at the Informal Conference

James W. Case

McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A.

He also represents people injured under the Defense Base Act and works extensively before the Maine Workers’ Compensation Board.  Jim served in Washington, D.C. from 1974 through 1981 as chief legislative counsel and administrative assistant to Senator Edmund S. Muskie and Senator George J. Mitchell.

Pat Benfield

Benfield and Company

Insurance Adjusters in Houma, LA
Insurance Agent/Broker*, Claims Adjusting

Katherine Theofel

Ms. Theofel is an active member of the maritime community, specializing in the defense of employers and carriers in Longshore and Harbor Workers’ Compensation Act claims, as well as its extensions.  Her background in federal practice and maritime law allows her to handle cross-over claims and subrogation cases.

Focusing on Longshore issues, Ms. Theofel is a regular panelist at seminars including the Longshore Claims Association, the Industrial Claims Association, and Signal Administration.  She is frequently asked to conduct training seminars for claims people new to the Longshore industry.

Finnegan, Marks, Theofel & Desmond San Francisco, CA

Throughout its history, the firm has specialized in litigation representing employer interests before California and Federal Courts and administrative forums, including general insurance defense, workers’ compensation, Longshore and Harbor Workers’ Compensation Act

William J. Scheffler, IV

Branch Manager, FARA—ALMA Claims Office,

AERS Metairie, LA

In July, 2009 the AEU dedicated claims unit formerly known as the FARA ALMA Branch became American Equity Risk Services, LLC (AERS). AERS is a new joint venture company owned by The American Equity Underwriters, Inc. (AEU) and F. A. Richard & Associates, Inc. (FARA).

AERS gives AEU and FARA a more direct connection as it relates to our claims adjusting and further enhances our team approach which is designed to further reduce claims, drive down premiums and ultimately retain long-term clients


Why is the War Hazards Compensation Act Important to a Claimant?
• What the Act provides
• The Impact of the WHCA on Settlement Negotiations

Roger A. Levy
Laughlin, Falbo, Levy & Moresi, LLP
San Francisco, CA

Partner, Laughlin Falbo Levy & Moresi

Roger A. Levy is a founding partner of Laughlin, Falbo, Levy & Moresi, San Francisco, CA, where he is presently Of Counsel. His primary area of specialization is the defense of cases brought under the Longshore and Harbor Workers’ Compensation Act, including its extensions, particularly the Defense Base Act.  Mr. Levy has been a program speaker at numerous Longshore seminars over the years, and has written newsletter articles, legal updates, and guidebooks published by his firm. He currently serves on the LexisNexis Benefits Review Board Service—Longshore Reporter Advisory Board, and is also a member of the Larson’s National Workers’ Compensation Advisory Board.

Roger A. Levy’s Expert Commentary on the Challenges of Using the Defense Base Act to Civilian Employees Injured Overseas

Mr. Levy was editor in chief of the biased “Defense Base Act and War Hazards Compensation Act Handbook” which the Department of Labor actually promoted at the 2008 DBA Conference in Washington DC.  It was free with attendance.  We call it “How to Screw Over the Modern Day DBA Casualty” and so do many people in the industry

Nina H. Thiele

Freedman & Lorry, P.C.
Philadelphia, PA

This firm handles DBA Claims for the Plaintiffs


Vocational Rehabilitation under the Defense Base Act
• Determining Residual Wage Earning Capacity
• OWCP Vocational Services for U.S. Citizens
• Identifying Alternate Employment in a Depressed Economy


Hon. Jennifer Gee, Chief Judge
U. S. Depart. of Labor – OALJ
San Francisco, CA  Gee is a regular at defense conferences and you can review her decisions at the X Files

E. Paul Gibson
Riesen Law Firm North Charleston, SC

Paul Gibson is a presence on this legal waterfront. He has over 25 years of experience in representing longshore and harbor workers. With so much experience, Paul Gibson knows the intricacies of the special laws and regulations that affect longshore workers when they must seek legal help.

Carla Seyler

Seyler Favaloro New Orleans, LA

This rehabilitation services company claims to work for both sides:

Seyler Favaloro is neither a plaintiff nor a defense firm — we offer credibility that can only come from having worked in all aspects of vocational rehabilitation and case management. Our referral sources include employers, insurers, plaintiffs, defendants and governmental agencies

We prepare opinions regarding employability and wage earning capacity in all jurisdictions.

Michael Quinn
Thomas, Quinn & Krieger

Law firm specializing in maritime law, including cargo casualties, Longshore Harbor Workers Compensation Act and extension Acts, Jones Act personal injury defense, and trademark
Ethical Concerns in Claims Under the Act
• Ethical Problems the Court Sees
• Penalties for Misrepresentation and Fraudulent Claims
• Concerns Under Sections 31 and 48

Hon. Larry Price
U. S. Dept. of Labor – OALJ
Covington, LA

Amie C. Peters
Law Office of William Hockberg Edmonds, WA

Our Law Office is dedicated to helping injured people with Washington State Workers’ Compensation, Longshore and Harbor Workers Compensation, Defense Base Act, Social Security Disability, and Personal Injury claims.

Kathleen K Charvet

…also worked as an attorney with the United States Department of Labor, Office of Administrative Law Judges.

Kathleen practices extensively in defending claims brought pursuant to the Longshore and Harbor Workers’ Compensation Act, the Outer-Continental Shelf Lands Act, the Non-Appropriated Fund Instrumentalities Act and the Defense Base Act.

McGlinchey Stafford

McGlinchey Stafford serves the national business community New Orleans, LA


Section 7 and Oversight of Medical Care
• OWCP’s Role in Oversight
• Rights of the Parties in Contested Claims
• Choice of Physicians, SMO’s and IME’s
• Role of Medical Case Management

David A. Duhon, District Director
U. S. Department of Labor – OWCP
New Orleans, LA

Tommy Dulin
Dulin & Dulin Gulfport, MS

Donald Moore
Franke & Salloum, PLLC   Gulfport MS

Franke & Salloum is one of the Mississippi Gulf Coast’s most prestigious law firms.  Known primarily as trial attorneys, the firm provides a full range of litigation services to its business and corporate clients.

Interplay of Benefits Schemes
• Social Security Benefits
• Unemployment Benefits
• Private Disability Insurance and Accident Policies

Terrence J. Lestelle
Lestelle & Lestelle Metairie, LA

We were not able to find a website for this firm but they are listed as a personal injury firm.


Longshore Jeopardy!

Hon. Patrick Rosenow      Rosenow also has some interesting decisions at the X Files
U. S. Dept. of Labor – OALJ
Covington, LA


Cocktail Reception

Friday, March 19, 2010
What is Malingering and How is it Proven?
• Who can Diagnose Malingering?

Dr. Roberta Bell Metairie, LA

We have nothing yet on Dr. Bell
Frank J. Towers
Blue Williams, LLP

Blue Williams, L.L.P., with offices in Southeast Louisiana, and servicing the Gulf South Region, has established a formidable reputation as a full-service firm, providing quality representation of our clients in business matters and commercial litigation.

Situs, Status and Who is an “Employee?”

• Changes from the Stimulus Legislation
• Construction Workers, Dock Workers, and Specialty Occupations

Yelena Zaslavskaya
U. S. Dept. of Labor – OALJ
Washington, DC

Mike Huey
Huey Law Firm, LLC Mobile, AL Plaintiff’s

Doug Brown

Doug Brown specializes in defense of workers’ compensation and professional and general liability claims against employers, premises owners, pharmacists, product manufacturers and others in jury trials and non-jury proceedings throughout Alabama and the Southeast.  He has been listed in Best Lawyers in America in both Workers’ Compensation and Admiralty and Maritime Law for over ten years.  A member of the International Association of Defense Counsel and the Defense Research Institute, he has been a speaker at continuing education programs sponsored by bar associations and law schools on topics concerning developments in trial practice, the Longshore and Harbor Workers’ Compensation Act, and the Alabama Workers’ Compensation Act.

Brady Radcliff & Brown, LLP Mobile, AL


Alternative Dispute Resolution
• Private Mediation
• Settlement Judge Conferences

Paul A. Herman, P.A. Boca Raton, FL

Former equity partner in one of the largest and most prestigious Workers’ Compensation insurance defense firms in the state of Florida.
James W. McCready, III

Mr. McCready  has represented, among others, American International Group

Seipp & Flick, LLP Miami, FL
Hon. Richard D. Mills
U. S. Dept. of Labor – OALJ
Covington, LA


What to do When a Party Becomes Insolvent
• What is the Impact of the Payment of Benefits?
• What are the Rights of Injured Workers?
• Involvement of Guaranty Associations

Scott R. Hymel

Engaged in general civil litigation practice concentrating on insurance defense, insurance coverage litigation, admiralty and LHWCA

Christopher M. Landry

Mr. Landry is primarily engaged in the defense of Louisiana State Workers’ Compensation and Longshore and Harbor Workers’ Compensation (including Defense Base Act) claims. He is also engaged in insurance defense and the defense of, products liability, medical malpractice, nursing home, and employment claims. Mr. Landry has tried numerous cases in Louisiana Judicial District Courts throughout the State of Louisiana and Louisiana Federal Courts. He also has extensive experience trying numerous State Workers’ Compensation claims and Longshore and Harbor Workers’ Compensation claims before Administrative Law Judges. He also has experience litigating cases before the Social Security Administration, and other administrative agencies. Mr. Landry has been a speaker at many seminars over the years on varying subjects, including seminars in Louisiana Workers’ Compensation law, United States Longshore and Harbor Workers’ Compensation law, and other general casualty issues. He is also co-authored several informative publications on both the Louisiana Workers’ Compensation Act and the Longshore and Harbor Workers’ Compensation Act.

Pugh, Accardo, Haas, Radecker, Carey & Hymel, LLC

New Orleans, LA and Mandeville, LA

Posted in AIG and CNA, Department of Labor | Tagged: , , , , , , , , , , | 8 Comments »

Morphine Cuts Both Pain and PTSD

Posted by defensebaseactcomp on January 17, 2010

Contractors seldom have the advantage of real medics on hand  who can administer morphine.   Seems that extra hour or more  laying in the dirt after being blown up would contribute to the trauma and subsequent PTSD.

By Todd Neale,  MedPage Today

The use of morphine may prevent the development of post-traumatic stress disorder (PTSD) in military personnel injured in combat, an observational study showed.

Those who received the drug during resuscitation or trauma care were about half as likely to later develop PTSD (OR 0.47, P<0.001), according to Troy Lisa Holbrook, PhD, of the Naval Health Research Center in San Diego, and colleagues.

“Our findings suggest that the use of morphine after serious injury may be a first-line defense against the development of PTSD,” they wrote in the Jan. 14 issue of the New England Journal of Medicine.

They said that any benefits, if causal, would likely be seen with other opiates as well.

Full story here

Posted in PTSD and TBI | Tagged: , , | Leave a Comment »

Despite prevention efforts, U.S. military suicides rise

Posted by defensebaseactcomp on January 17, 2010

WASHINGTON — Eight years of war in Afghanistan and Iraq have etched indelible scars on the psyches of many of the nation’s servicemen and women, and the U.S. military is losing a battle to stem an epidemic of suicides in its ranks.

Despite calls by top Pentagon officials for a sea change in attitudes about mental health, millions of dollars in new suicide prevention programming and thousands of hours spent helping soldiers suffering from what often are euphemistically dubbed “invisible wounds,” the military is losing ground.

The Department of Defense Friday reported that there were 160 reported active-duty Army suicides in 2009, up from 140 in 2008. Of these, 114 have been confirmed, while the manner of death in the remaining 46 remains to be determined

Read entire story here

Posted in PTSD and TBI | Tagged: , , , | 1 Comment »

How to file a FOIA with the DoL

Posted by defensebaseactcomp on January 15, 2010 /foia/request.htm

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Posted in Department of Labor | Tagged: , , , | 2 Comments »

Dyncorp refused to rehire Veterans suit says

Posted by defensebaseactcomp on January 13, 2010

Defense Contractor Refused to Rehire Veterans, Suit Says

A pair of military veterans have filed suit against defense contractor Dyncorp International, alleging the company refused to give them back their jobs after they returned from National Guard duty in Afghanistan.

Posted in Uncategorized | Tagged: , | Leave a Comment »

Alarming Pattern in Defense Base Act TBI and PTSD Claims

Posted by defensebaseactcomp on January 13, 2010

As we research and document we have noticed the following pattern in DBA cases when it comes to PTSD/ TBI claims:

First, the insurance company lawyers viciously defame the claimant and his/ her family, oftentimes with the coerced help of former coworkers.   Although the DSM IV clearly states the emotional impact of PTSD , namely irritability and outbursts of anger (D2), the ALJs routinely turn around and use the symptoms of PTSD to blame the victim or label them with personality disorder although there is no history of this behavior in their past.

Oftentimes their families are unfairly blamed for being the cause of  ‘personal stressors’ to shift the blame and malign them in hopes that they will drop the claim and to deter others from filing a claim.

Secondly, the insurance shrinks produce false (misquote DSM IV etc.) and fraudulent medical testimony (fake bad scale; falsify psychological test results)

Based in large part on that defamation;

The ALJs denied all the initial PTSD claims, starting with Talbot, Eysselinck, Meredith and many others  (Thompson indirectly by insisting that the last body recovery mission triggered his PTSD)  because they were misled by the insurance quacks that the onset of PTSD symptoms is immediate and did not read the DSMIV evidence in the record. (see Course: Symptoms usually begin within the first 3 months after the trauma, although there may be a delay of months, or even years, before symptoms appear)

Third, the company falsely claims that the traumatic event never occurred/ or that no records/ witness exist;   leading to totally insane findings like civilians contractors were not exposed to life-threatening events in the Iraq war.
It’s not that they don’t know better.  Even the US Army’s official threat assessment fails to persuade them in their plush chambers half a world removed:

Daily Threat Update January 14, 2004:

“Analysis of recent attacks and information indicate that anti-coalition groups and affiliated foreign fighters as well s local resistance groups in Iraq are becoming more sophisticated and may be coordinating their anti-coalition efforts…..

There has been an increase of attacks involving  civilian / contractor personnel throughout Iraq …..

Recent weeks have seen a significant increase in the threat against civilian ‘soft targets’.   This includes attacks against western contractors and those associated with the CPA,  Iraqis cooperating with the coalition …..

The threat of kidnapping remains high …

This threat is highest in Baghdad …

, they assert that the claimant is either exaggerating or faking his impairment and then paint them as dishonest because of some minor or irrelevant discrepancy between what their numerous doctors wrote down in their treatment notes (or failed to mention) and the various depositions/ testimony of mentally impaired people who suffer from memory and attention problems.

This deceitful scheme has worked time and again.  The real question is why do many administrative law judges credit these slanderous fabrications and lies regarding war exposure.   Even when they find that a witness has lied, no action is taken against such person or employer/carrier who clearly put them up to it, thus encouraging AIG/CNA to use the same depraved tactics time and again with total impunity.

You may read the references to the DSM IV here

Posted in AIG and CNA, PTSD and TBI | Tagged: , , , , , , , , , , , , , | 9 Comments »

New facility will address TBI, PTSD in returning soldiers

Posted by defensebaseactcomp on January 13, 2010

Injured Contractors are Routinely Denied Diagnoses and seldom receive any help for PTSD or TBI.

ByMelanie D.G. Kaplan

My friend Don served 19 years active duty in the Marine Corps before he was injured by a rocket-propelled grenade in Afghanistan in 2003. He was flown by medivac back to the States, where his family was told that his brain injury was so severe he would never again be able to function on his own. He couldn’t feed himself, go to the bathroom by himself, read, write or talk. But within two years, he had proved the doctors wrong.

By the time I met Don, it was hard to tell, excepts for short pauses in his speech and some unsuccessful attempts at multitasking, that his brain wasn’t in tip-top shape. He drives, he reads to kids, he volunteers in disaster areas, he is articulate and well-read, and I can always count on him for a thought-provoking conversation.

Last month, he picked me up, and we drove to Bethesda Naval Medical Center, where we took a hard-hat tour of the National Intrepid Center of Excellence (NICoE), a privately funded facility that will focus exclusively on traumatic brain injury (TBI), post-traumatic stress disorder (PTSD) and other psychological health issues.

Don told me that in 2003, his was one of the first brain injury cases military doctors faced. “There was no protocol for it,” he said. “They didn’t know what to do with me.” That’s far from the case today. Sadly, there are so many returning soldiers suffering from TBI and PTSD, many of the cases undiagnosed, that it’s become a priority in military medicine.

Please read the full story here

Posted in AIG and CNA, KBR, PTSD and TBI | Tagged: , , , , | Leave a Comment »

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