Defense Base Act Compensation Blog

The Modern Day DBA Casualty

The DBA’s Section 20 Presumption does not apply to injured war zone contractors?

Posted by defensebaseactcomp on April 10, 2010

CHAPTER 0-300 — LHWCA COVERAGE (JURISDICTION) AND BENEFITS

Presumptions. Section 20 of the Act provides that in any proceeding for the enforcement of a claim for compensation under the Act it is presumed, in the absence of substantial evidence to the contrary

  1. That the claim comes within the provisions of the Act. (Relevant principally to sections 2(2), 2(3), and 3(a) of the Act.)
  2. That sufficient notice of such claim has been given. (Relevant to sections 12, 13 and 30 of the Act.)
  3. That the injury was not occasioned solely by the intoxication of the injured employee. (Relevant to section 3(c) of the Act.)
  4. That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another. (Relevant to section 3(c) of the Act.)Section 20 of the Act provides the claimant with a presumption in the areas covered which shifts the burden to the employer to rebut the presumption with substantial evidence. In order for the section 20(a) presumption to apply to causation, a claimant must establish a prima facie case by proving that he or she suffered some harm or pain, and that working conditions existed or an accident occurred which could have caused the harm or pain. Once the claimant establishes the two elements of the prima facie case, the section 20(a) presumption applies to link the harm or pain with the claimant’s employment. The section 20(a) presumption also applies to the issue of whether an injury arose in the course of employment.

2 Responses to “The DBA’s Section 20 Presumption does not apply to injured war zone contractors?”

  1. anonymousonpurpose said

    I cannot believe how these SOB’s assume that we are “faking” and “making stuff up” to get paid. I for one made a hell of a lot more overseas than I do at home. I also felt self satisfaction from a job well done. Anyone that thinks it is “fun” to not work and get paid for it does not have a clue. It is incredibly boring and frustrating not being able to do the things you used to be able to do with ease. It sucks being injured and just waiting, hoping, and praying that the ALJ will actually give you the presumption the way the law was WRITTEN. It is SUPPOSED to help the injured contractor, not the greedy lawyers nor the corrupt insurance companies although that seems to be what is happening. I would love to have any one of these guys actually get out from behind a desk and go do a physical job overseas. They would not last a week before they came home crying to momma. I did not go for “greed”! WTF?! Everyone who gets up, gets dressed, and goes to work is doing it for “compensation!” Who the hell thinks that just because a person CHOOSES to work overseas in a “danger zone” job that they are inherently greedy. I think anyone who chooses to become a lawyer is basically a leech sucking off the teet of society and producing nothing of worth to anyone. The lawyers and the insurance people are the greedy bastards…not a guy working his but off for $15.00 in the desert with people trying to kill him daily.

    JMHO

  2. anonymousonpurpose said

    Who else thinks the blood sucking lawyers are worth $200 an hour? They are leeches on society and the world and especially America would be a better place if they were not around. Seriously $200 – $300 an hour….that is what is crazy!

    “The first thing we do is kill all the lawyers.” – Dick the Butcher, Shakespeare’s Henry VI, part 2.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: