Department of Labor holding Defense Base Act Claims Hostage
Posted by defensebaseactcomp on October 20, 2011
The Department of Labor itself made it very clear that an informal hearing must be held and a Claims Examiner must recommend that a claimants attorney be paid.
The Informal Conference is an integral step in the drawn out process claimants must endure. The DoL Claims Examiner’s recommendations are only acted upon if they go against the injured contractor but still the Informal must be held.
But for many months now the Department of Labor has been denying claimants Informal Conferences. We have no way of knowing how many claims are being held hostage on the desks of the District Directors and Claims Examiners.
Claimants in this Administrative Law System are already being denied many of their constitutional rights. Claimants are suffering ever more serious and permanent injury due to a lack of medical care while the DoL sits on their claims.
How many claimants with untreated PTSD and TBI will commit suicide during this Department of Labor embargo?
Is this not physical abuse and how much more of it before this is considered denial of “Due Process” ?
Due process is best defined in one word–fairness. Throughout the U.S.’s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.
Defense Base Act Claimants have fewer rights under the law than convicted criminals.