Defense Base Act War Hazards Act: Overly Zealous Representation in Defending Against a DBA Claim
Posted by defensebaseactcomp on June 27, 2012
employer/carrier’s inadequate or overly zealous representation in defending against a DBA claim may be grounds for denying all or some portion of a request for WHCA reimbursement.
So Mr Rayburn how many War Hazards reimbursements has the DFEC denied
in part or whole over the following
Overly Zealous DBA Insurance Company Defense Tactics ?
The claims process being drug out for as long as nine years with no end in sight while the defense racks up ever more legal fees, the insco keeps charging administrative fees, not to mention the claimants attorneys fee’s, while the claimant goes without medical and/or indemnity
Unnecessary mileage, airfare, lodging, expenses paid out due to due coercing claimants to travel as far as five states away to attend Defense Medical Examinations, Mediations, Depositions, Hearings
The use of private investigators, some even criminals themselves, to stalk and intimidate injured contractors and their families far beyond simply confirming a claimants status
The use of Third Party Administrators to handle claims processes that could easily be done without the added expense and fees.
Unnecessary fines and interest due to non payment or late payment of indemnity
The financial ruination of injured contractors and their families caused by the overly zealous controverting of legitimate claims
The Temporary Disabilities which are now Permanent due to their failure to provide medical care under the guise of investigating clearly legitimate claims. Now the US taxpayer is responsible for disabilities far beyond what they ever had to be.
The PTSD Suicides caused by the Insurance Companies, their claims examiners, and their attorneys
The break up of families caused the constant pressure and abusive tactics used by the Employer/Carrier
The forced acceptance of inadequate settlements or stipulated agreements due to starving the claimant out for years on end and/or threatening the claimant and family that if they do not accept the inadequate settlement they will make them miserable for the rest of their lives (see The Weaponization of the Defense Medical Examination)
Unfairly denying the claimants attorneys fees in order to discourage good attorneys from handling these claims
1. DFEC requires, before acceptance of any WHCA reimbursement claim, that the employer/carrier has made only reasonable and prudent efforts in presenting all meritorious defenses against a DBA claim without regard to whether the case is eligible for WHCA reimbursement. An employer/carrier’s inadequate or overly zealous representation in defending against a DBA claim may be grounds for denying all or some portion of a request for WHCA reimbursement.
CECILY A. RAYBURN
Director, Division of Planning, Policy and Standards