Archive for July, 2012
Posted by defensebaseactcomp on July 27, 2012
Eyesslinck VS Ronco Consulting: Injustice Prevails
Many Civilian Contractors were sent to Post War Iraq in 2003 with little consideration for their safety even after it became clear that the Mission had not been Accomplished.
Due to the Defense Base Acts Exclusive Remedy Contract Companies and those they take orders from never had to be concerned with Threat Mitigation, no cost to them when an employee is killed or injured. Taxpayer picks up the tab, Contract Company puts another warm body in place.
When is our Government going to put it’s people before Profit
Lessons for Consideration from SIGIR Special Report #2
SIGIR identified two lessons for consideration.
1. Reconstruction or stabilization operations conducted in combat zones present potentially lethal threats to all participants, including military, contractors, U.S. government civilians, third-country nationals, and host country citizens. Planning for such operations must anticipate this threat.
Reconstruction or stabilization operations are sometimes described as “soft,” “non-kinetic,” or “non-lethal” missions, but when they occur in a combat zone, these characterizations are a misnomer. The human losses suffered in Iraq (and outlined in this report) underscore the point that when such operations are conducted in combat zones, they are dangerous for everyone involved, military and civilian, U.S. and non-U.S. alike. Given the broad risks inherent in such operations, leaders and planners should consider threat mitigation when deciding to conduct reconstruction or stabilization operations missions in combat zones.
2. Poor casualty data management during reconstruction or stabilization operations obscures the actual human cost of such operations. Reliably integrated databases must be developed and implemented prior to commencing future reconstruction or stabilization operations.
One measure of the cost of reconstruction or stabilization operations is the number of casualties suffered. Without accurate records, there cannot be a reasonably complete evaluation of the human cost of reconstruction or stabilization efforts. U.S. agencies involved in such missions should develop systems that effectively track all casualty data related to stabilization or reconstruction operations.
Posted in AIG and CNA, Department of Labor, Exclusive Remedy, Political Watch, ACE, Civilian Contractors, Iraq, Dropping the DBA Ball, Veterans, Defense Base Act, Defense Base Act Insurance, Chartis | Tagged: Defense Base Act, Iraq, Department of Labor, Exclusive Remedy, Civilian Contractors, ALJ's, Contractor Casualties, Defense Base Act Insurance Companies, Benefits Review Board, BRB, Administrative Law Judes, Threat Mitigation, Human Cost of War, Eyesslinck | Leave a Comment »
Posted by defensebaseactcomp on July 27, 2012
Once every half hour in America, a veteran tries to commit suicide according to VA figures for 2011
We’ll never know how many Civilian Contractor Suicides , how many could be prevented
The Daily Mail July 27, 2012
On a warm summer afternoon, Michael Ecker, a 25-year-old Iraq war veteran, called out to his father from a leafy spot in their backyard.
Then, as the two stood steps apart, Michael saluted, raised a gun to his head and pulled the trigger.
‘His eyes rolled back,’ his father, Matt, said softly as he recounted the 2009 suicide. ‘There was just nothing I could do.’
Weeks before he killed himself at the family’s home in Champion, Ohio, Michael received a letter from the Department of Veterans Affairs accusing him of ‘over-reporting’ the extent of his psychiatric problems. Read more here
Posted in ACE, AIG and CNA, Chartis, Civilian Contractors, Defense Base Act, Dropping the DBA Ball, PTSD and TBI, Suicide | Tagged: Defense Base Act, Defense Base Act Insurance Companies, Department of Labor, Post Traumatic Brain Injury, ptsd, PTSD Suicide, TBI, Traumatic Brain Injury | Leave a Comment »
Posted by defensebaseactcomp on July 26, 2012
Guest Post by Doug Grauel, ESQ July 26. 2012
DBA insurance companies scurry a lot.
They can’t seem to take a claim, look at it, make a reasoned statement of how they see it, and have a conversation about it. Instead they see a claim coming, so they scurry. The scurrying gets so fast it’s like watching a magician running a shell game. One of the favorite deceptions has to do with Average Weekly Wage (on the front end) or Residual Earning Capacity (sometimes called Residual Functional Capacity) on the back end.
Average Weekly Wage (AWW) is generally thought of as the rate of pay that an injured worker was making at the time that he or she was hurt. Section 10 of the Longshore Act tells you how to calculate AWW–sort of. For most overseas war zone contractors, AWW is the amount that you would have earned working at your regular, time-of-injury job for one year, divided by 52. This means that you include overtime, hazard pay, and all the rest to your base pay, figure out what a “typical” year would have looked like, and divide by 52. Roughly. If you are unlucky enough to get hurt before you have worked a year, then there is issue of possible annual or completion bonuses. Workers who are hurt in the third year of overseas work, even if each year was a one-year stint, have stronger claims for higher wages than workers who get hurt six weeks after they arrive on base. It’s just how the world works.
Carriers love this simple trick:
Overseas contractors often earn enough that their DBA/Longshore compensation rate is the maximum. So if you’re an adjuster, do you bother to figure out the real AWW? No way: You just say, “This year’s max is $1295.20. The comp rate is 2/3 AWW, which is the same as .666xAWW. So .666xAWW=$1295.20. Therefore AWW=$1295.20/.666= $1944.74.” But $1944.74×52=$101,126.48. Plenty of overseas contractors are making more than that if you include hazard pay, overtime, and so on. So that AWW that the adjuster cooked up is too low. Why should you care, if you get the max rate anyway?
Here’s why: After you get a little medical treatment, suddenly the adjuster sends you a “Labor Market Survey,” claiming that you could be working at $12.00 an hour for 35 hours a week. That’s about $420 per week, or $21,840 per year. So now your comp benefits go down, because the carrier says your comp rate should be 2/3 of the difference between AWW at the time of injury ($1944.74) and your residual earning capacity ($420). $1944.74-$420=$1524.74. $1524.74x.666=$1015.48.
Presto: You lose $1295.20-$1015.48=$279.72 per week, or $14,545.44 per year.
All because the adjuster didn’t want to figure out what your real AWW should be.
Douglas Grauel, Esq. |
email@example.com | (603) 369-5010 | 15 N. Main St. Concord NH 03301 | http://www.grauellaw.com
Posted in ACE, AIG and CNA, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act | Tagged: Average Weekly Wage, AWW, Claims Adjusters, DBA, Defense Base Act, Defense Base Act Insurance, Doug Grauel, Hazard Pay, Labor Market Survey, LHWCA, longshore, Longshore Harbor Workers Act, Overtime Pay, Residual Earning Capacity, Residual Wage Earning Capacity | Leave a Comment »
Posted by defensebaseactcomp on July 24, 2012
Ex-soldier dies in Afghanistan
Mr McGowan had previously served in the Parachute Regiment.
It is thought he left the Army to become a private security contractor, joining the lucrative “circuit”, as it is known.
The 32-year-old was engaged to be married and had two young children, Manus and Mila.
No details surrounding his death were available last night.
Luke Duffy June 27, 2012
I regretfully announce the loss of yet another fallen comrade and great friend,
Marc McGowan, sadly passed away yesterday while in Afghanistan.
Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing | Tagged: Afghanistan, Civilian Contractor, Contractor Casualties, Contractor Casualty, Contractor Dies, Mark McGowan, Private Security Contractor | 1 Comment »
Posted by defensebaseactcomp on July 24, 2012
Washington Post July 24, 2012
An official for the Afghan National Security Directorate, Nihmatullah, said one of the shooters was wearing a uniform of the Afghan Local Police, a village-level security organization. Like many Afghans, he goes by one name.
(AP) CNN News KABUL, Afghanistan – July 24, 2012
The U.S. embassy and Afghan officials say an American civilian who reportedly worked as an electrical engineer in northern Afghanistan has been killed by gunmen.
The U.S. Embassy on Tuesday could not provide further details because of privacy laws, but three Afghan security officials say the man, an electrical engineer working in Afghanistan for about 30 years, was shot Monday by gunmen as he rode in a mini-bus in northern Parwan province. The gunmen, two or three in number, also killed two Afghans, the driver and one of the man’s colleagues, they said.
Shirin Agha, the police chief in Parwan’s Siahgerd district, said on Tuesday that the American had been dressed in Afghan clothes and had a long beard
Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing | Tagged: Afghan Police Uniform, Afghanistan, Contractor Casualty, Contractor Killed, Electrical Engineer, US Civilian Killed | Leave a Comment »
Posted by defensebaseactcomp on July 22, 2012
US identifies contractors killed in Afghanistan
The victims were Benjamin Monsivais, a former US Border Patrol and retired Immigration and Customs Enforcement agent; Joseph Perez, a retired US Customs and Border Protection port director; and retired British customs officer David Chamberlain, DHS said in a statement.
Dave Chamberlain was killed in western Afghanistan alongside two American colleagues by a gunman who turned his weapon against the US military coalition, sources have said.
Mr Chamberlain, who was in his 40s and from Westgate-on-Sea, was working for the Border Management Task Force, which trains and mentors former Afghan customs officers and border policemen, when he and his colleagues were killed on Sunday, a source said.
He said another American national had been taken to hospital with severe injuries and that an Afghan interpreter had also been injured during the shooting
Afghan in uniform kills three NATO contractors
(AFP)–1 hour ago
KABUL — Three foreign civilian contractors working for NATO as trainers were killed Sunday when a man in an Afghan security force uniform turned his weapon against them, NATO and Afghan officials said.
The shooter was killed in the incident in the west of the country, the International Security Assistance Force said in a statement, without giving further details or naming the nationalities of the victims.
An Afghan official who requested anonymity said he knew two Americans had been killed in the attack and they had been shot by an Afghan man in a police uniform in a military training centre near the Herat airport.
Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing, Department of Defense | Tagged: Afghanistan, American injured, Americans Killed, Benjamin Monsivais, Border Management Task Force, British Contractor Killed, Civilian Contractors, Contractor Casualties, Contractors Killed, Contractors Wounded, Dave Chamerlain, DoD, Green on Blue, Herat, INternational Security Assistance Force, ISAF, Joseph Perez, NATO, Police Trainers, Trainers, West Zone Police Training Center | 1 Comment »
Posted by defensebaseactcomp on July 16, 2012
In the second quarter of 2010 The Department of Labor reports that the Supreme Group had 192 employee death claims filed
The Supreme Group shows no prior death claims filed dating back to September of 2001.
While no single insurer shows death claims filed amounting to this number for this time period
CNA shows 46 death claims filed
Zurich shows 105 death claims filed
And the DoL lists 103 death claims to an uninsured employer (there were previously none listed)
See Also Failure to Secure DBA Coverage, Failure to Report Claims
We filed FOIA’s on February 22, 2012 and again on March 8, 2012
Which included the following:
1. Any and all complaints, statements, or reports to U.S. Dept. of Labor (DoL) concerning the activities of Supreme Group, Supreme Food Service, and their subcontractors
2. Any and all letters, reports, e mail, memoranda or other record showing communications with people regarding the activities of and/or the filing of DBA claims by Supreme Group, Supreme Food Service, and their subcontractors
3. Any and all report(s) of investigation or other memoranda or record concerning results of investigation conducted by DoL or any person working for DoL concerning the activities of and/or the filing of DBA claims by Supreme Group, Supreme Food Services, and their subcontractors
We understand that when filing FOIA requests they must be worded properly
But are we to believe that there were 192 Death Claims filed in one quarter by one company and that during this same quarter over 100 Death Claims were filed to an uninsured employer and
No one at the Department of Labor had anything to say about it?
Posted in Afghanistan, AIG and CNA, Armorgroup, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Follow the Money, Zurich | Tagged: 2010, CNA, DBA Death Claims, Defense Base Act Death Claims, Department of Labor, DoL, FOIA's, Freedom of Information Act, Supreme Food Services, Supreme Group, Uninsured Employer, Zurich | 3 Comments »
Posted by defensebaseactcomp on July 15, 2012
After many years of surviving an extremely abusive and Overly Zealous Defense
Wade Dill’s family was finally provided death benefits under the Defense Base Act
These benefits were recently taken away by the Benefits Review Board when Attorney Bruce Nicholson, who was actively pursuing a settlement with KBR/AIG’s Attorney Michael Thomas, had a contract with the widow, was an attorney with the Law Firm of Peyman Rahnama, was the attorney of record with the BRB, did not as much as respond to the Appeal.
While Bruce Nicholson is the one who apparently purposely abandoned the claim, Michael Thomas and the BRB were more than happy to carry on without notifying the widow that AIG’s appeal of her claim was unopposed.
The man I married was my prince charming.
We had grown up together.
High school sweethearts, we were married 17 ½ years.
I believe that if he had never gone over there he would still be
Something happened in Iraq.
He committed suicide the morning of July 16th, 2006
He left behind a lot of pain and two ruined lives.
I never dreamed I would be without him
my daughter without a father.
Our thoughts are with you today Barb
Posted in PTSD and TBI, AIG and CNA, KBR, Misjudgements, Department of Labor, Contractor Casualties and Missing, Racketeering, T Christian Miller, Civilian Contractors, Defense Base Act Law and Procedure, War Hazards Act, Iraq, Dropping the DBA Ball, Defense Base Act Attorneys, Defense Base Act Lawyers, AWOL Medical Records, LHWCA Longshore Harbor Workers Compesnation Act, Veterans, Defense Base Act, Defense Base Act Insurance | Tagged: Defense Base Act, Civilian Contractor, AIG, ptsd, KBR, Wade Dill, DBA Casualty, Awol Medical Records, Barbara Dill, Contractor Casualty, Defense Base Act Attorneys, Defense Base Act Lawyers, PTSD Suicide, Benefits Review Board, Bruce Nicholson, Michael Thomas, BRB, Peyman and Rahnama, PTSD DBA Suicide | 3 Comments »
Posted by defensebaseactcomp on July 6, 2012
July 7, 2003
Nine years ago you get that phone call you hoped you’d never get
But hey they say, not to worry, the insurance company will take care of everything
Heart is breaking but not to worry
Everything, they say, will be OK
Good thing we’ve been paying for good medical insurance
No way of knowing that the “insurance” was Defense Base Act through CNA, a policy we had never heard of, looked at, or signed for
Or that Administrative Law Judge Paul C Johnson would deem his injuries to be alleged when denying him his rights under the DBA
One day we’ll look back at this and be so grateful for our blessings, for what we’ve overcome………
But one day never comes
What’s that in the way?
CNA with the assistance of the Department of Labor District Office in Jacksonville
From failing to provide a medical evacuation and abandoning him to the military medical system to defaulting on the order to provide his medical care for nearly two years now after denying for six years.
CNA, their Claims Adjusters, their overly zealous legal representation, and the biased Department of Labor District Office have caused much more physical, mental, and financial damage than there ever had to be.
What should have been temporary disabilities have become permanent.
CNA has denied the looking back one day, the moving forward, the healing
If CNA had simply lived up to their responsibilities rather than playing paper games this family would have long moved on
And the US Taxpayers would not be paying ever more to the War Profiteers CNA and their “representation”
Documents showed that CNA reported the highest profits margins, taking in nearly 50 percent more in premiums than it paid out in benefits.
Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, DBA Attorneys Fees, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Delay, Deny, Department of Labor, Dropping the DBA Ball, Exclusive Remedy, Hope that I die, Interviews with Injured War Zone Contractors, Iraq, Leishmaniasis, Misjudgements, OALJ, Political Watch, PTSD and TBI, Racketeering, Veterans | Tagged: ALJ Paul C Johnson, bad faith insurance, Civilian Contractor, Civilian Contractors, CNA, CNA DBA Casualty, CNA Insurance Company, CNA's Claims Adjusters, Contractor Casualty, DBA, DBA Casualty, Defense Base Act, Defense Base Act Attorneys Fees, Defense Base Act Insurance, Delay Deny Hope that I die, Department of Labor, DoL, Injured War Zone Contractor, injured war zone contractors, Medical Evacuation, Overly Zealous Defense, Overly Zealous representation | 1 Comment »
Posted by defensebaseactcomp on July 4, 2012
Injured War Zone Contractor Dan Hoagland shares his story of medical treatment denied by KBR/AIG resulting in a death sentence by Cancer with Sean Calleb.
Scott Bloch, Defense Base Act Attorney tells the truth about the Defense Base Act Insurance Scandal and our Defense Base Act Class Action Lawsuit.
Join our Defense Base Act Class Action Lawsuit here
Posted in AIG and CNA, AWOL Medical Records, Cancer, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Lawyers, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, Interviews with Injured War Zone Contractors, Iraq, KBR, Misjudgements | Tagged: AIG, Cancer, Chartis, Civilian Contractors, Dan Hoagland, Defense Base Act, Defense Base Act Attorney, Defense Base Act Class Action, Defense Base Act Lawyer, Delay Deny Hope that I die, injured war zone contractors, Iraq, KBR, Michael Thomas, Overly Zealous Defense, Scott Bloch, Sean Calleb. CATV | 9 Comments »
Posted by defensebaseactcomp on July 3, 2012
See New Third Quarter Numbers HERE
WE ARE THE BEST KEPT SECRET OF THE WARS
According to the Department of Labor’s Defense Base Act Claim Summary Reports there were at least 59 Civilian Contractor Deaths filed on in the second quarter of 2012.
Keep in mind that these numbers are not an accurate accounting of Contractor Casualties as many injuries and deaths are not reported as Defense Base Act Claims. Also, many of these injuries will become deaths due to the Defense Base Act Insurance Companies denial of medical benefits.
Many foreign national and local national contractors and their families are never told that they are covered under the Defense Base Act and so not included in the count.
6 Contractor Deaths this quarter were in Iraq
42 Contractor Deaths were in Afghanistan
1 Contractor Death is Nation Pending
1 Contractor Death in the United States
1 Contractor Death in the United Arab Emirates
2 Contractor Deaths in Qatar
1 Contractor Death in Columbia
1 Contractor Death in Pakistan
1 Contractor Death in Liberia
1 Contractor Death in Mozambique
1 Contractor Death in Tajikistan
At least 2, 685 Defense Base Act Claims were filed during this quarter
At least 59 were death claims
At least 1074 were for injuries requiring longer than 4 days off work
At least 92 were for injuries requiring less than 4 days off work
At least 1460were for injuries requiring no time off of work
A total of 87, 505 Defense Base Act Claims have been filed since September 1, 2001
Contact firstname.lastname@example.org for questions regarding these numbers
Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Department of Labor, Iraq, Political Watch | Tagged: 59 Civilian Contractor Deaths, Casualty Count Second Quarter 2012, Civilian Contractors, Contractor Casualties, Contractor Deaths, Department of Labor, DoL, Private Military Contractors, Private Security Contractors, Second Quarter 2012 | 6 Comments »