Defense Base Act Compensation Blog

The Modern Day DBA Casualty

BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith

Posted by defensebaseactcomp on October 27, 2010

“Rather, the administrative law judge was to assess the weight to be accorded to the medical evidence of record, without substituting his judgment for that of the physicians”

Congratulations to Claimants Attorney
Ralph R. Lorberbaum
Zipperer, Lorberbaum & Beauvais
Savannah, Georgia
on a job well done.

 

TW v SEI

BRB Decision 09-0573

The Benefit Review Board has overturned the ALJ’s denial of benefits in a noteworthy decision that mirrored many of the arguments made in an earlier analysis on the DBA X-files. The decision also reflects a deeper understanding of war-related trauma absent in the Board’s earlier decisions. Better late than never, although this is of little consolation to those who had to pave the way.


1. In this regard, it is undisputed that all of the physicians of record diagnosed claimant with some sort of psychological disorder. Specifically, Drs. van Holla, Reppuhn, Oram and Marshall all diagnosed claimant with PTSD. In addition, Drs. Marshall, Oram, and Reppuhn diagnosed claimant with depression. These are clinical, Axis I, disorders that may respond to medication.

Dr. Griffith, employer’s expert, diagnosed claimant with “personality disorder, not otherwise stated,” which is an Axis II disorder, and malingering. Thus, while Dr. Griffith sctated claimant does not have PTSD or depression, his diagnosis of a personality disorder may support a finding that claimant established a harm for purposes of Section 20(a), 33 U.S.C. §920(a). See generally Wheatley v. Adler, 407 F.2d 307, 313 (D.C. Cir. 1968) (en banc) (a harm occurs when “something unexpectedly goes wrong within the human frame”).

[Goes without saying that Dr Griffith also “diagnosed” TW with malingering (Ed)]

2. The Board’s decision in S.K. [Kamal] v. ITT Industries, Inc., 43 BRBS 78 (2009), is instructive in this regard. In Kamal, the employer contended that, as no doctor had diagnosed the claimant with PTSD or other psychological condition in a manner consistent with the criteria set forth in the DSM-IV, the claimant did not suffer a psychological harm sufficient to invoke the Section 20(a) presumption. The Board rejected the employer’s contention, stating first that the Act does not require use of the DSM-IV in assessing whether a claimant has suffered a psychological harm. Id. at 79-80.

Rather, the administrative law judge was to assess the weight to be accorded to the medical evidence of record, without substituting his judgment for that of the physicians.

Special Thanks to X Files crew at American Contractors in Iraq and Afghanistan

 

See also Dr John Dorland Griffith Exposed

8 Responses to “BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith”

  1. David Meredith Jr. said

    What about other cases where Dr. Griffith testified and did more damage to the clamients. Is anything going to be done in all the cases where this so called doctor provided testimony that was found “credible” by Kennington and Romero?

    • defensebaseactcomp said

      We are working on that.
      Any claims he was DME on that were lost or only partially awarded should automatically be reopened.

    • daffodils said

      Dave, we all know that what happened to you was one of the most egregious miscarriages of justice ever recorded in this whole corrupt DBA mess, second only to the Thompson and Spillers and JE case.
      Truth is that we at DBA X-files are NOT working on your case other than raising general awareness.
      You, and you alone as the injured party, has to raise hell with the courts; your district attorney, the inspector generals of labor and justice and defense; and the press although we know they are useless; and get a new lawyers because you ARE entitled to equal justice under the law.

      Your case is virtually identical to the majority of PTSD claims awarded this year, although you were subjected to a much more brutal original trauma, and had much higher qualified doctors testify on your behalf. But you had the misfortune of being third in line in the entire war with the worst judge of them all after Talbot, Eysselinck and at the same time as Thompson.
      The DOL cannot possibly claim that because it took their obtuse and biased judges over six year to wake up to the fact that PTSD is real and taken seriously by the military to deny you DBA and more important clear your name which was unjustly sullied by Dr Death, alias John Dorland Griffith, in concert with the hanging judge Clement Kennington.

      You have the incriminating emails between Rubenzer and Griffith mentioning you by name, why don’t you use them??

      • David Meredith Jr. said

        No on can/or will provide me with the email. ; I am still maintaining on medication, cannot drive a truck anymore and have had to take a much lower paying job. Dr. Griffith called me a malinger when I have worked since I returned. I tried to go back to driving until I pulled over and put a knife to my throat because I knew I couldn’t keep driving. I make 1,400 a month now, WORKING. I have never been a malinger, but I can’t make a decent living at my previous trade, driving OTR. I have made my family suffer with me, what about them? I feel like a failure, why, because that is what Dr. Griffith said I was and I believed him. David Meredith Jr.

  2. anonymousonpurpose said

    Hello again,

    THIS IS FANTASTIC!

    I just wish the BRB had the balls to actually award benefits and not send it back to the same a-hole insurance lackey judge who denied this man wrongly to begin with!

    It almost feels like a slap on the wrist…”Now go correct your homework young man!”

    Griffith should be STRIPPED of his medical license, censured, and fined for false testimony!

    This is a step in the right direction but far from “justice.”

    anon

  3. anonymousonpurpose said

    Clement Kennington should not be on the bench….

    Why is he still ruining lives?

    What does he possibly gain at his age by unlawfully denying benefits to those who have risked everything for their country?

    I just do not understand what could possibly make this man tick….

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