Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Stranded DBA Claimants

Posted by defensebaseactcomp on October 8, 2010

Due to the suspension of a DBA Attorney by the OALJ’s office some claimants have been receiving notices from their assigned ALJ’s that they must retain another attorney or represent themselves at their hearing.

If you retained this attorney it is he who should have notified you of his suspension.  The ALJ’s are only able to notify the claimants they had been assigned.

Here we have ALJ Romero, true to form, treating the client as if she is somehow at fault for this and sends her a notice on the 17th of August requiring a response by September 1st.  Looks like she did not make the cut.  If anyone knows this claimant please let her know the status of her claim.

Other claimants have received these notices with barely concealed contempt inferred in the wordage.

IN THE MATTER OF
JULIE PERKINS
Claimant
v.
SERVICE EMPLOYEES INTERNATIONAL, INC.
Employer
and
INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA
c/o Chartis Property Casualty
ORDER REMANDING CASE
On August 17, 2010, an Order issued to Claimant advising that Attorney Dennis Nalick had been suspended from appearing in a representative capacity before this office until such time as his suspension from practicing law in the State of Illinois is lifted and he is re-admitted to practice.
Claimant was ordered to notify the undersigned whether she wishes to proceed to hearing with alternate counsel or without representation. In the event Claimant did not notify the undersigned by September 1, 2010, she was informed that her claim would be remanded to the District Director for further
appropriate handling. Claimant has not responded to the Order.
– 2 –
IT IS HEREBY ORDERED that this case be remanded to the
District Director for further handling.
ORDERED this 20th day of September, 2010, at Covington,
Louisiana.
A
LEE J. ROMERO, JR.
Administrative Law Judge

11 Responses to “Stranded DBA Claimants”

  1. anonymousonpurpose said

    Hello,

    The Covington cabal strikes again.

    What drives a MAN (not an all knowing deity as our ridiculous legal system has set up with these judges and the powers they have over our very lives!) to treat INJURED people as if they were the bad guys? We gave our blood, sweat, and yes tears supporting the fighting men and women of this great nation while they sit on their collective fat asses in air conditioned offices!

    Who the hell do they think they are?

    God?

    I don’t think so, I think they are all under the spell of the all-mighty dollar that is given to them under the table by the Insurance companies, contracting companies, and not least of which, the damned defense attorneys (may they rot in hell!)

    Karma is a bitch and what goes around comes around.

    sooner or later….

  2. daffodils said

    Of course they have elevated themselves above review, genuinely not kidding.
    They just don’t want to deal with us riffraff, not enough press or money or a promise of lucrative careers involved.
    An ALJ is now infallible according to the Fifth Circuit Court of Appeals, this excerpt from the recent Eysselinck decision:

    “A court may not reweigh or re-evaluate the evidence considered by the
    ALJ. La. Ins. Guar. Ass’n v. Bunol, 211 F.3d 294, 296 (5th Cir. 2000). “That the
    facts may permit diverse inferences is immaterial. The [ALJ] alone is charged
    with the duty of selecting the inference which seems most reasonable and his
    choice, if supported by the evidence, may not be disturbed.” Presley v. Tinsley
    Maint. Serv., 529 F.2d 433, 436 (5th Cir. 1976) (citation omitted). We accept the
    evidentiary choices made by the ALJ.”

    So if an ALJ decides that up is down, east is west and the earth is flat again because one idiot says so and he pretends to believe him substantial evidence) then no superior court can ever overturn this, no matter how ludicrous on its face.
    This legal hubris and mindless arrogance is how we got to the point where seven months in a war zone is no longer life-threatening. Its not funny anymore. People are dying because of this.

    • brit guy said

      That’s what they want you to do daffodils is die then they save money that’s the whole point of denial.
      The one thing on this though is the lack of your our rights of appeal.
      A judge makes a decision that’s it so what if they have got it wrong??
      Well your entire life disappears down the toilet.
      It is not just the judges that are getting it wrong so are the Claims examiners at the DoL. It is clear that they are not reading the evidence or the medical reports placed in front of them. So it is somewhat ironic that the AIG executive calling this act a lottery was exactly right.
      The ticket you have is your injury
      However what numbers you get and what the draw is depends on the DoL examiner and the judge who hears your case and whether the insurance company want to pay.

      Any news on the hearings in congress or is that another talking shop with no power and insurance companies lobbyists winning over ELECTED POLITICIANS??????

      • daffodils said

        What an astute analysis, Brit Guy, never thought they wd want me dead but was rather thinking of those suffering from PTSD/TBI and resulting depression without treatment.

        https://defensebaseactcomp.wordpress.com/2010/08/18/eysslinck-vs-ronco-consulting-injustice-prevails/

        RONCO was sold by Steve Edelmann for 60 million dollars to Wackenhut/ Amorgroup and turned out to be a dud, its cover blown long before so tell them to go after him not daffodils.

        And you are right, Dante got expert advice on taking the case to the Supreme Court today and its a lottery on the ALJ level, without any meaningful review in sight.

        Its a toss-up, and I need your input – either she is going to win or screw it up for all of you who come after. Which is it going to be?? to file or not to file is the question. She has three weeks left to make that decision, help her.

        • brit guy said

          Hi daffodils
          I am not trying to make light of nor is the rest of this comment in any way intended to be funny as I have seen first hand the physiological damage PTSD can do.

          Look at the act and the behaviour of the insurers.

          Anybody with serious physiological problems be it depression, serious mental illness including PTSD is at a far higher risk of self harm than someone who isn’t this is a well known fact.

          Let us for moment put ourselves in the office of an insurance companies daily meeting on new cases.

          Adjuster 1/ We have a new claim for a guy claiming PTSD after working in Iraq.

          Adjuster 2/ What’s our exposure ?

          No 1 About $10,000 a year in counselling and $40,000 in wages.

          No 2 Hmmm what if we deny it how long will it take

          No 1 Months if not years

          No 2 Ok lets deny if he gets better by himself we are only liable until he returns to work if he gets worse we claim depression again we are not liable under the act. If he turns to drink and drugs we are not liable under the act and if he commits suicide then again we are not liable under the act. Hand it over to our attorneys and tell them to start to the fight. If we get the judge who knows good luck lets get to work.

          Sorry daffodils but I can just see it happening over and over again in the offices of these greedy unscrupulous people.

          Hey how about this for a company logo

          Profit before care
          Share price before honor
          Client before duty
          Greed before life.

          Let us just hope that someone in power ends this abuse

          • daffodils said

            Who in power?

            Not the Supreme Court, just look at their latest decisions including citizens united overturning a century of precedent in favor of corporations drowning out democracy with money; refusing to hear another first amendment case just last week, going into a fascist direction at an alarming clip.

            Congress? with their endless lame hearings that never produce any results because the same people they are supposed to police are the main contributors to their reelection campaigns.

            Who do you think is left in power? Probably the pentagon but their whole system depends on not rocking any boats, plus they set up this whole abusive system in the first place to deflect blame and cut/ hide the costs of war that would otherwise accrue to them.

            So who do you think is in a position to stop the abuse? The media in this place is pathetic to say the least, owned by the very corporations that make money off our injured backs and intolerant of anything controversial.

            Any ideas?

            Sorry, but that is the way it’s set up right now unless i’m missing something.

            • brit guy said

              No idea’s what so ever.

              If those elected to protect and serve us will not help(remember they work for you) then I have no idea’s.

  3. anonymousonpurpose said

    Well,

    I hope that is not true in my case, I have to believe that justice will prevail on my side. Different circumstances…this is my winning cause: “if supported by the evidence”

    The EVIDENCE is on my side

    Praying for Tim’s widow.

    anon

    p.s. please don’t argue with me…my life is depending on this and I don’t want to argue this point.

    • anonymousonpurpose said

      Hello Again,

      Pretty Spot-On Brit-Guy!

      I am praying for “Dante”. I hope the outcome is favorable, but it is a loooong shot…our wonderful “justice” system at work…?!

      I am just playing he waiting game…

      • brit guy said

        Sorry to say guys and gals

        You do not have a justice system.

        You do not have enough money for justice.

        In any modern western democracy justice is only for those that can afford it not those that need it.

        • dante said

          You are wrong in this case, just for the record.
          I paid every single bill they demanded from me over the past five years from the lawyers and experts and others in this case, tens and tens of thousands of dollars not to mention my time to produce most of the research for them.

          Of course I could have hired an army of investigators to go to Iraq and prove that they where there blew up the UN, that his deputy told bald-faced self-serving lies, among other things. No such luck however, nowhere even remotely possible in anyone’s budget never mind that I had to raise war orphans (yes, as per int’l definition one parent dead qualifies) so guess you are right on that score.

          I actually had to prove to the American government that dismantling cluster bombs daily in Iraq around Baghdad for seven months in 2003/4 was indeed life-threatening to the individual who was in charge of that effort.
          Just think about that for a minute, the mind-boggling absurdity of it all.

          The only silver lining is that I can go home and leave this sorry circus they dare call “justice” behind.

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