Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Interview with Injured War Zone Contractors: What is the Defense Base Act and why are we still using it?

Posted by defensebaseactcomp on January 12, 2010

Mr. Miller gave an explanation of the origins of the Defense Base Act and why we may possibly still be using it.

We have to disagree with the reasoning that the reason Injured War Zone contractors are being denied benefits has anything to do with them not being contemplated.  AIG and CNA’s risk management firms certainly contemplated what was going on in the War Zones.

The War Hazards Act was rapidly revised to be extremely inclusive of what  qualified as a war hazard.

AIG and CNA had no problems with raising DBA premiums to 50% and more of some contractors wages.

Could it be the contemplation was that they could collect huge premiums knowing that no one was going to make them pay the benefits?

We’d like to hear the injured contractors thoughts on these questions.

3 Responses to “Interview with Injured War Zone Contractors: What is the Defense Base Act and why are we still using it?”

  1. daffodils said

    NPR asked a simple question: Why are 50% of PTSD claims turned down? It was a good but missed opportunity to inform a very large audience about the real reasons posted long ago on this site:

    The administrative law trials of civilian war contractors with psychiatric injuries are reminiscent of the Salem witch trials 400 years ago.
    Over half of the PTSD or mental injury cases arising from the Iraq and Afghanistan wars have been denied or inadequately awarded by the Labor Department’s Administrative Law Judges in the 38 decisions issued since 2006.
    No less that ten of the 17 denied cases involved insurance psychiatrist Dr John Dorland Griffith, who doubts if PTSD is a valid condition.
    Two judges are responsible for almost 60% of all denied claims.
    Even more astonishing is the impossibly low number of PTSD claims filed.
    At last count, there were 303 PTSD claims filed by civilian contractors who outnumber troops in the war zones, and have outnumbered them for the last five years.
    There have been roughly 300,000 cases of PTSD reported among the soldiers.
    The chilling effect of these vicious, fraudulent and often ludicrous court proceedings on claimants and their lawyers is undeniable.

    The end result:
    Thousands of people suffering from a potentially fatal mental disorder receive no treatment or compensation for PTSD.

    The problem is not the DBA law with its generous presumptions in favor of injured civilians but rather the fact that the law is disregarded and rampant fraud in defending these claims is encouraged, not punished as the Act demands.

  2. Krash said

    How many more contractors will commit suicide and not be counted before the DoL wakes up and makes it mandatory for all injury claims filed to have PTSD added to the list of injuries!!!!

    How can you receive an injury in a war zone and not have PTSD? You can get treatment in the civilian world for PTSD if you are involved in a car wreck, have a bad/battered relationship, witness a robbery/shooting.

    But if you work in a war zone, are exposed to gunfire, mortar rounds, rocket blasts, IED’s on a daily basis you can’t possibly suffer from PTSD . . oh come on someone needs to wake up and take off the rose colored glasses and take a good look at these people who have spent years working in war zones and tell me that their lives weren’t changed by what they experienced every day.

    Over 300,000 military filed for PTSD treatments and less than 300 filed on the civilian side . . I wonder what the statistics say about those military personnel that received PTSD treatment from the moment they arrived back stateside and are probably now functioning back in society versus the number of undocumented civilian contractor suicides there are?? Anybody want to guess at those numbers???

  3. anonymous on purpose said

    I saw Avatar last Friday night in IMAX and I have to say it was amazing.
    Unfortunately I dreamt that I was back in Iraq (I dream about Iraq at least 3 times a week) and that the insurgents trying to kill me were all BLUE!!
    Anyone who has seen the movie and has been to Iraq will get what I am saying.

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