Defense Base Act Compensation Blog

The Modern Day DBA Casualty

How far can you be sent to a Defense Medical Examination ?

Posted by defensebaseactcomp on March 29, 2011

Coercion: the act of compelling by force of authority

Forcing an Injured Contractor to drive or fly far out their geographic area to go to Defense Medical Examinations which are falsely referred to as Independent Medical Examinations is among the most abusive tactics in the insurance companies arsenal.

They are often aided by the Department of Labor’s Claims Examiners going against their own rules and regulations.

ALJ Paul C Johnson even aided CNA by ordering that an injured contractor travel outside his geographic area.  Not because there weren’t plenty of doctors in this injured contractors area, just because CNA’s hired guns were not there.   The injured would lose his claim by not “obeying” this biased order.

What happens when the insurance company defies an order signed by an ALJ to provide medical to an injured contractor?  Nothing.  This is not to say that the order was his idea, we’ve never seen him award anything to anyone in a decision.

It is so blatantly obvious why the insurance company does not simply hire a doctor in the injured contractors geographic area for an unbiased second medical opinion.  They are hiring expert witnesses who will provide them with a report in their favor then provide testimony that will back them up if necessary.

Longshore Procedure Manual

e. The Employee shall submit to any special examination as may be requested by the employer at such place as is designated by the DD but at a place reasonably convenient to the employee.

(See section 7(d) of the Act and 20 C.F.R. sections 702.403 and 702.410.)
20 CFR 702.403 – Employee’s right to choose physician; limitations.
The employee shall have the right to choose his/her attending physician from among those authorized by the Director, OWCP, to furnish such care and treatment, except those physicians included on the Secretary’s list of debarred physicians. In determining the choice of a physician, consideration must be given to availability, the employee’s condition and the method and means of transportation.
Generally 25 miles from the place of injury, or the employee’s home is a reasonable distance to travel, but other pertinent factors must also be taken into consideration.

Injured Contractors have been flown or told they had to drive from as far as five and six states away to see AIG’s Fabulous Four Defense Medical Examiners in Houston or they would lose their claim.

Many of them traveled to see the notorious Dr John Dorland Griffith because their attorney told them they had to.

Threatening an injured contractor with the loss of benefits due them under the Defense Base Act if they do not travel unreasonably to see the insurance companies defense medical examiner/expert witness amounts to Coercion under any legal definition.

Worse, many  injured contractors are not being provided necessary medical by these companies while being coerced into traveling to see these whores.

2 Responses to “How far can you be sent to a Defense Medical Examination ?”

  1. […] their rights to have these doctors researched by a professional, not travel outside of their geographic area, take an advocate with them (preferably your attorney or a nurse), have the scope and purpose of […]

  2. […] very abusive DME’s that were required repeatedly and outside of his geographic area.  The ones that ALJ Paul C Johnson assisted CNA […]

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