Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Department of Labor holding Defense Base Act Claims Hostage

Posted by defensebaseactcomp on October 20, 2011

The Department of Labor has been denying Defense Base Act Claimants the informal hearings that are required under the Act in order for your attorney to get paid among other things.

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.

2 Responses to “Department of Labor holding Defense Base Act Claims Hostage”

  1. This is treason, reckless endangerment, and accessory to mass murder being committed by Obama, DOL Secretary Solis, Holder, Borzi, and many of their Department heads.

    Bush and his Director’s are guilty of the same, and probably Clinton too since there has been only one prosecution in twenty years as seen in the following quote from ProPublica :

    “Workers fought long battles for medical care, including such things as prosthetic devices and treatment for post-traumatic stress disorder. Labor officials can recommend cases for prosecution to the Justice Department–but have only done so once in the past two decades, according to Labor officials.”

    Joseph Belth, Professor Emeritus for Indiana University wrote this about the governments lack of enforcement of U.S. Title 29 health care laws :

    “They’ve turned Erisa on its head,” “It was supposed to protect employees, and it’s being used to protect insurers.”

    You can see much more evidence of regulators complete failure to uphold the laws by pasting and and clicking on the links. You can also click on my name to see the last link.

    I have had surgery on both eyes but I’m working on more succinct versions. The Court recently denied my request for a Special prosecutor that is seen by pasting :

    I pray people will forward this evidence to everyone you know and hopefully someday a local or Federal Grand jury will indict all the government officials (in both political parties) who protect deadly crimes committed repeatedly by huge corporations !

  2. Tampa Boy said

    I have been reading and following this site for sometime now and after reading this article it compelled me to comment.

    The story above is exactly what has been occurring to me. Since July I have been requesting for an informal conference through my lawyer and since July we have heard NOTHING! My case and the reason we are requesting the conference is typical CNA denying care and playing games. My case is PTSD related and the DOL’s own guidelines PTSD is suppose to be a priority. I have held my lawyer feet to the fire as he has been for not a better word been Sandbagging my case. Unwilling to push, unwilling to do anything that ruffles any feathers, but has no problem sitting back with his fingers crossed hoping CNA lawyers will call.

    It is clear the DOL along with the lawyers for CNA and AIG are in bed with each other along with many of the lawyers out there that we are forced to have represent us. It is also clear the DOL has clearly conspired with these folks by not giving any informal conferences. If no informal conferences then the claimant has to pay the legal bill. I believe they feel if the claimant has to pay the bill this will help deter them from pursuing what they are entitled to.
    This is very disgraceful.

    The more they do this type of stuff it’s amazing they haven’t ended up in prison.

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