Archive for the ‘Defense Base Act Law and Procedure’ Category
Posted by defensebaseactcomp on November 2, 2012
How do AIG and CNA get away with telling so many lies and paying for so little ?
They get help from those put in place to “ensure that workers’ compensation benefits are provided promptly and properly”
The Department of Labor’s Jacksonville Florida District Office Director Charles D Lee, formerly of Liberty Mutual, gave his seal of approval to CNA’s lies by refusing to find them in default of an order that he signed himself. It took seven years to get this order.
If Mr. Lee does not remember signing this order over two years ago he should. While he signed the order for medical and indemnity probably without reading it, slapped a form cover letter to it, he did not bother to determine the amount of back indemnity and interest owed which allowed CNA to not pay on time and escape the 20% per day penalty. So few penalties apply and so little enforcement of those that do.
It took many telephone calls and finally assistance from Michael Niss, the Director, Division of Longshore and Harbor Workers’ Compensation Office of Workers’ Compensation Programs at the time, to encourage him to do his job. He was not going to do it just because an injured contractor had not received his check and was trying to find out why.
The failure on the District Director’s part to find CNA in 18 a Default occurred despite having in his possession legitimate proof, letters from Doctors stating that they had never been approved and had in fact been denied payment.
Proof of CNA lies to the new Claims Examiner, who comes to us from KBR with a KBR attitude, are ignored by everyone in the DoL from herself, Charles D Lee, Kristina Hall, to Eric Richardson, Miranda Chui, to the DOL IG.
CNA never produced a receipt for paying back years of Medical Care that they were responsible for and refused to provide but Charles D Lee determined that they did so based on their attorney saying that they did.
CNA paid for a small fraction of the past medical care, finally, 16 months after the order was signed. While this is clearly a 16 month default during which time the claimant has this debt hanging over his head despite having an Order in place, CNA is not held responsible. A receipt has never been produced. Charles D Lee takes them at their word while their lies are in his hands.
No dollar value is applied to the damages caused by a refusal to provide medical care for years on end and so there is no penalty or recovery.
We talk with contractors everyday who have orders in place for medical that never receive it.
The lengthy efforts your attorney must go through to try, not necessarily succeed, to secure the medical care is considered to be “Janitorial” work by CNA that they should not have to pay for.
Why not continue with the Deadly Paper Games when it saves you so much money and the very people that are supposed to be looking out for the claimant condone these criminal actions?
No dollar value is applied to the temporary injuries which become permanent at the hands of CNA.
The hands of CNA, their claims examiners, and their attorneys are so gently stroked by the Departments of Labor’s Jacksonville District Office.
The Blood is on all of their hands.
Posted in AIG and CNA, 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, Hope that I die, Injured Contractors, Interviews with Injured War Zone Contractors, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Liberty Mutual, Misjudgements, OALJ, Political Watch, PTSD and TBI, Racketeering, Veterans, War Hazards Act | Tagged: CNA, CNA Insurance Company, CNA lies, DBA Claimants, Deadly Paper Games, Deny Medical Care, Department of Labor, Department of Labor Jacksonville District Office, DoL, KBR, LHWCA, Liberty Mutual, Longshore Harbor Workers Compensation Act, Medical Care, Request for Default | 2 Comments »
Posted by defensebaseactcomp on September 30, 2012
WARNINGS ABOUT KILLER OF SCOT WENT UNHEEDED October 1, 2012
ArmorGroup put the gun in his hand knowing that he was troubled
CONTROVERSIAL security firm G4S ignored warnings not to employ an armed guard in Iraq who went on to murder two of his colleagues, it has been claimed.
Danny Fitzsimons was sentenced to at least 20 years in an Iraqi prison last year for killing Scot Paul McGuigan and Australian Darren Hoare in Baghdad in 2009.The parents of Paul McGuigan, 37, have now called for G4S ArmorGroup to face criminal charges for failing to heed the warnings and sending Fitzsimons to Iraq.
Now a new BBC Scotland documentary has revealed that G4S was warned not to employ Fitzsimons, who was suffering from Post-Traumatic Stress Disorder, and had been fired by a previous security contractor for punching a client.It emerged that a whistleblower sent two e-mails to the London-based company, which operates as Armorgroup in Iraq, expressing concerns that Fitzsimons’ unstable behaviour made him unsuitable to be handling weapons in a war zone.
The first e-mail, revealed in tonight’s BBC Scotland Investigates: Britain’s Private War programme, reads: “I am alarmed that he will shortly be allowed to handle a weapon and be exposed to members of the public. I am speaking out because I feel that people should not be put at risk.”And in a second e-mail, sent as 32-year-old Fitzsimons was about to start work in Baghdad, the whistleblower adds:“Having made you aware of the issues regarding the violent criminal Danny Fitzsimons, it has been noted that you have not taken my advice and still choose to employ him in a position of trust.
“I have told you that he remains a threat and you have done nothing.”Paul McGuigan’s mother, Corinne Boyd-Russell, from Innerleithen, in Peebleshire, said: “Fitzsimons fired the bullets. But the gun was put in his hand by G4S ArmorGroup.“I want G4S to be charged with corporate manslaughter and be held accountable for what they did.”The parents of Fitzsimons were also shocked to hear about the existence of the e-mails.Mother Liz Fitzsimons, from Manchester, said: “The people who we feel are responsible, who we hold responsible for putting that gun in Danny’s hand, are without a shadow of a doubt G4S.”The news comes just months after the UK Government was forced to call in 1,200 troops to police the Olympic Games venues after G4S failed to provide enough staff.
The firm recently won a £20million contract to manage the electronic tagging of Scottish offenders.
A spokesman for G4S said: “Although there was evidence that Mr Fitzsimons falsified and apparently withheld material information during the recruitment process, his screening was not completed in line with the company’s procedures.
“Our screening processes should have been better implemented in this situation, but it is a matter of speculation what, if any, role this may have played in the incident.”
Posted in Armorgroup, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, Exclusive Remedy, Follow the Money, G4S, Hope that I die, Iraq, Melt Down, Political Watch, PTSD and TBI, Ronco Consulting, State Department, UK Contractor killed, Wackenut | Tagged: AGNA, Armorgroup, ArmorGroup North America, Civilian Contracotor, Civilian Contractors, Contractor Casualties, Contractor Casualty, Danny Fitzsimons, Darren Hoare, Defense Base Act, Exclusive Remedy, G4S, Iraq, Paul McGuigan, Post Traumatic Stress Disorder, ptsd, Ronco, Ronco Consulting, Ronco Consulting Corporation, Vetting Employees, Whistleblower, WSI | Leave a Comment »
Posted by defensebaseactcomp on September 21, 2012
Effective October 1, 2012 through September 30, 2013 the national average weekly wage will be
This is up by 2.31%
which is an increase of
per weekover this years AWW of
NAWW Information from the Department of Labor LHWCA
Posted in Defense Base Act, Defense Base Act Law and Procedure, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act | Tagged: Annual October 1 Increase AWW, AWW, DBA, Defense Base Act, LHWCA, National Average Weekly Wage, NAWW, NAWW Increase, Section 10 f | Leave a Comment »
Posted by defensebaseactcomp on August 3, 2012
While even the military realizes the dangers of delaying and denying PTSD Diagnoses and Treatment
The Defense Base Act Insurance Companies and their Overly Zealous Defense continue to brutally delay and deny diagnoses and treatment of PTSD to injured war zone contractors, most having served their country in the military.
In fact they are still allowed to force PTSD patients to undergo psychological interrogation by the infamous Dr John Dorland Griffith who has been discredited over and over again, and falsely accused injured war zone contractors of malingering. Many PTSD claims were denied based on his paid in cash testimony.
In case after case treatable PTSD becomes a chronic lifelong condition, destroying lives, shredding families.
Ultimately costing taxpayers and our society as a whole much more in the long run but provide more profits for the insurer and ever more fees for attorneys on both side of this boondoggle.
The Department of Labor presented policy five years requiring PTSD Claims to be expedited but the policy was never implemented.
Wired’s Danger Room
In a big reversal, the Army has issued a stern new set of guidelines to doctors tasked with diagnosing post-traumatic stress disorder (PTSD) among returning soldiers. Stop spending so much time trying to spot patients who are faking symptoms, the new guidelines instruct. Chances are, they’re actually ailing.
The 17-page document has yet to be made public but was described in some detail by the Seattle Times. In it, the Army Surgeon General’s Office specifically points out — and discredits — a handful of screening tests for PTSD that are widely used by military clinicians to diagnose a condition estimated to afflict at least 200,000 Iraq and Afghanistan veterans.
The Army Surgeon General finds great fault with a dense personality test popular with clinicians that ostensibly weeds out “malingerers,” as PTSD fakers are known.
But the results of what’s known as the Minnesota Multiphasic Personality Test are flawed, according to the report. PTSD sufferers often exhibit anxiety, insomnia, flashbacks and depression — all of which, some doctors believe, can be discounted under the test. The test devotes a large swath of questions to catching apparent exaggerations of symptom severity, seemingly inconsistent answers, or reported symptoms that don’t mesh with the typical signs associated with an illness.
“The report rejects the view that a patient’s response to hundreds of written test questions can determine if a soldier is faking symptoms,” the Seattle Times summarized. Where PTSD is concerned, that’s especially true. The condition is accompanied by symptoms that can differ markedly between patients: Some are hyperactive, others are lethargic; some exhibit frenetic rage while others are simply sullen and depressed.
“And,” the Times continued, “[the report] declares that poor test results ‘does not equate to malingering.’”
Those tests were the standard of care at Madigan Army Medical Center — which is a big deal. Located in Tacoma, Washington, Madigan isn’t just one of the military’s largest medical installations. It’s home to a forensic psychiatry team tasked with deciding whether soldiers diagnosed with PTSD were sick enough to qualify for medical retirement. In March, the Army launched an investigation of the Madigan team after Madigan’s screening procedures allegedly reversed 300 of the PTSD diagnoses among soldiers being evaluated.
The reversals resulted in some soldiers being diagnosed with “personality disorders” and others left with no diagnosis at all. Madigan allegedly used the tests to save money by limiting the number of patients who’d qualify for retirement. “
Posted in ACE, AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Suicide, Veterans, Veterans Affairs | Tagged: Chronic PTSD, Defense Base Act, Defense Base Act Insurance, Department of Labor, DoL, Dr. John Dorland Griffith, Fake Bad Scale, Malingerers, Malingering, MMP, MMPI, Overly Zealous Defense, Post Traumatic Stress Disorder, ptsd, PTSD Claims to be Expedited, Veterans | 2 Comments »
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 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 AIG and CNA, AWOL Medical Records, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, Dropping the DBA Ball, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, PTSD and TBI, Racketeering, T Christian Miller, Veterans, War Hazards Act | Tagged: AIG, Awol Medical Records, Barbara Dill, Benefits Review Board, BRB, Bruce Nicholson, Civilian Contractor, Contractor Casualty, DBA Casualty, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Lawyers, KBR, Michael Thomas, Peyman and Rahnama, ptsd, PTSD DBA Suicide, PTSD Suicide, Wade Dill | 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 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 use of repeated Defense Medical Examinations with Doctors Over Paid to produce a report detrimental to the claimant, to run them through the drill
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
FECA BULLETIN NO. 12-01
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
Posted in ACE, AIG and CNA, Chartis, 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, Hope that I die, Injured Contractors, KBR, Political Watch, PTSD and TBI, Suicide, Veterans, War Hazards Act | Tagged: ACE, AIG, Chartis, CNA, CNA Insurance Company, DBA, DBA Insurance Companies, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Attorneys Fees, Defense Medical Examinations, injured contractors, Overly Zealous representation, Private investigators, Third Party Medical Providers, War Hazard Recovery, War Hazards Act, WHCA Reimbursement | 7 Comments »
Posted by defensebaseactcomp on June 21, 2012
It is certainly going to have the desired result.
They are going to kill him and it is going to be soon.
Before the year is out I believe this man is going to commit suicide.
PTSD Claims to be Expedited
CNA’s Deadly Paper Games do not begin or end with this Injured War Zone Contractor
Nearly 14 months to the day of a Department of Labor District Director signing an Order approved by an ALJ stating that CNA must provide medical for a severely Injured War Zone Contractor’s injuries, the details of which were gagged…..
And 3 1/2 months after Injured War Zone Contractor asked the District Director to find them in Default for not doing so……..
CNA produces a stack of FAXES supposedly sent to Injured War Zone Contractors Doctors stating that they have “re-approved” payment of diagnoses and treatment, most of which were never approved, ever, much less “re- approved”. In fact for most of the Doctors CNA denied diagnoses and treatment for blast injuries for many years.
Several Doctors stated that yes they received a FAX but that it did not mean they accepted the approval and that it did not guarantee payment. Payment would have to made in advance. CNA’s reputation for non payment is no secret.
The rest of the doctors state that they never received “approval” at all.
Unemployed and otherwise uninsured Injured War Zone Contractor pays for some visits via credit card as they are so vital. Doctor then sends a bill to CNA for payment despite not having received an approval, which CNA refuses. Injured War Zone Contractors scheduled visits are then cancelled due to non payment by CNA.
These are deadly games CNA plays in order to continue to deny medical even after a hard won order is produced.
And who do they claim is vague, ambiguous, and whose claims are not supported by Facts, or should we say FAX?
It must be the very well respected and credentialed doctors, or the Attorney, or the Injured War Zone Contractor
This negligent paper game continues despite a recent medical report from February stating:
“I do not understand the entire bureaucracy issue. He tells me that CNA has written to us and that we are approved for Workers’ Compensation. We have no record to that effect. We are just not going to be paid and they are not going to authorize treatment. Bureaucracies have their problems but this almost seems to be purposeful.
It is certainly going to have the desired result. They are going to kill him and it is going to be soon. Before the year is out I believe this man is going to commit suicide.
And he’ll be just another CNA DBA Suicide.
Note: CNA’s response is to ask for an informal conference. Several informal conferences, a settlement conference with a Judge, orders signed by a Judge and the District Director, and yet another informal conference after an 18 month default is even a consideration??? Let’s just run this out until the end of year and we won’t have to worry about this guy anyway!!!!
Posted in AIG and CNA, AWOL Medical Records, Civilian Contractors, Contractor Casualties and Missing, 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, Hope that I die, Injured Contractors, Interviews with Injured War Zone Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, PTSD and TBI, Suicide, Uncategorized, Veterans | Tagged: ALJ, ALJ orders, bad faith insurance, Civilian Contractors, CNA, CNA Insurance Company, CNA non payment of medical, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Medical Denials, Delay Deny Hope that I die, Department of Labor, Department of Labor District Director, DoL District Director, Injured War Zone Contractor, Negligence, Post Traumatic Stress Disorder, ptsd, PTSD Suicide, Suicide, TBI | 6 Comments »
Posted by defensebaseactcomp on June 21, 2012
A settlement is when the insurance company pays you a lump sum amount to close out your indemnity, your medical, or both.
It is only a settlement when you are paid a lump sum amount of money and you are done with the insurance company.
Nothing else is a settlement.
An agreement based on stipulations to pay you XX amount of money every month is not a settlement, your claim is not then settled.
And an agreement to provide your medical for your agreed upon injuries does not mean your medical is settled. In fact it means you will continue to litigate
But these agreements do allow the Insurance Company to seek reimbursement under the War Hazards Act as though they were settled
Posted in ACE, AIG and CNA, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act, Liberty Mutual, Political Watch, War Hazards Act | Tagged: Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Insurance Companies, Defense Base Act Settlements, Lump Sum Settlement, Settlement | Leave a Comment »
Posted by defensebaseactcomp on June 21, 2012
The Defense Base Act provides for claimants fees to be paid by the Insurance Company.
See Who Pays your Defense Base Act Attorney Fees ?
Why then would Defense Base Act Attorneys either charge their DBA clients on a contingency basis, by the hour, or take their fees out of a settlement amount ?
And why would you let them?
Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Uncategorized | Tagged: DBA, Defense Base Act, Defense Base Act Attorney, Defense Base Act Attorneys, Defense Base Act Attorneys Fees, Defense Base Act Lawyer, Defense Base Act Lawyers, Defense Base Act Lawyers Fees, Defense Base Act Settlements | 2 Comments »
Posted by defensebaseactcomp on May 15, 2012
The Defense Base Act Insurance Company is entitled to have Defense Base Act Claimants see a physician that they choose to provide them with a second opinion regards the injuries that you have filed a claim for. These examinations are in no way Independent Medical Examinations as the Insurance Company and their Attorneys deceptively refer to them as.
These Insurance Company Second Opinions, or Defense Medical Examinations, come at a heavy price to the US Taxpayer. The Insurance Companies pay much higher amounts to hire doctors that will give them a report unfavorable to your claim and also be willingly to back up these statements in Depositions or straight to a Judges face at hearing. You are entitled to reimbursement for the expenses you incur attending these. The DME can be a very expensive undertaking.
Very few DBA Claimants exercise 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 the Examination clearly defined, or most importantly to video the examination.
It must be you who pursues these protections because your DBA Attorney is not likely to suggest or pay for them despite your entitlement to them. Your attorneys failure to assert your rights only enables the insurance companies and their bloodthirsty attorneys and claims adjusters.
You are required to “cooperate” not play dead.
One very prudent restriction on these DME’s used to be that the Insurance Company could not make you attend one more than every three years. At some point that we cannot ascertain this restriction was removed.
So began the Weaponization of the DBA Defense Medical Examination.
Currently the DME is being utilized as a weapon to intimidate DBA Claimants to accept negligent settlements.
Even though you have an order in place you are told if you do not immediately attend a DME your payments will cease immediately.
Even though your claim is currently under the jurisdiction of an ALJ awaiting a decision you are told to fly across country for several days of DME’s. Just prepping you for the settlement offer.
Your attorney presents to you a ridiculous offer for settlement along with the threat that if you do not accept it the Insurance Companies Attorney promises you DME’s every year and surveillance by their private dicks $$$ for the rest of your life.
We cannot always be certain who is manning the weapon. As of late there is a barrage of Friendly Fire.
No doubt that the casualties are always the DBA Claimant and the US Taxpayer.
It has never been more true that After Injury the Battle Begins
Or more clear that this program is lacking oversight of any kind
Posted in ACE, AIG and CNA, Civilian Contractors, DBA Attorneys Fees, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, Follow the Money, Independent Medical Examinations, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Racketeering | Tagged: After Injury the Battle Begins, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance Companies, Defense Medical Examinations, Department of Labor, Independent Medical Examinations, Insurance Company Doctors, Oversight, Surveillance, Weaponization of the DME | 2 Comments »
Posted by defensebaseactcomp on April 23, 2012
You and your family in our thoughts today and everyday
Posted in AIG and CNA, AWOL Medical Records, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, Dropping the DBA Ball, Misjudgements, PTSD and TBI, Ronco Consulting, State Department, Suicide | Tagged: Contractor Casualty, Post Traumatic Stress Disorder, ptsd, PTSD Casualty, Ronco Consulting, Tim Eysselinck | 3 Comments »