Archive for the ‘Deny’ Category
Posted by defensebaseactcomp on November 11, 2012
Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Racketeering, Veterans | Tagged: ACE, AIG, Civilian Contractors, Civilian Veterans, CNA, Contractor Casualties, DBA, DBA Insurance, Defense Base Act, Veterans, Veterans Day, Veterans Day 2012 | 1 Comment »
Untreated PTSD Endangers Families and Others-Donald Henson a result of AIG’s Deadly Mistreatment of Injured Contractors
Posted by defensebaseactcomp on October 19, 2012
Accused Saco gunman had raised red flags
The man’s wife had gotten a protection order and police saw disturbing signs before Tuesday’s standoff.
Perhaps AIG and their claims adjusters, and their attorneys should be arrested for this
Donald A. Henson, 47, was arrested Tuesday night after a three-hour standoff with police at his mother-in-law’s house at 645 Goodwin Mills Road in Dayton. He is charged with aggravated attempted murder, arson and terrorizing.
Police say he shot at his wife and mother-in-law and set two houses and a pickup truck on fire.
Henson made his initial court appearance Wednesday in Biddeford District Court. Justice Paul Fritzsche did not ask him to enter a plea. Henson was being held in the York County Jail on $250,000 cash bail.
Prosecutors had requested $100,000 bail. Fritzsche said he raised it because of Henson’s “incredibly dangerous behavior.”
Henson did not speak during his arraignment. B.J. Broder, the lawyer representing him, said Henson has post-traumatic stress disorder and is disabled.
Broder said Henson was injured in Iraq in 2009 while working as a civilian contractor and it appears that he doesn’t understand his rights because of his mental state.
In an email sent Tuesday morning to Biddeford District Court, a Saco Police Department representative said officers were concerned about Henson’s potential for “homicidal/suicidal” actions
Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, Injured Contractors, Iraq, Melt Down, PTSD and TBI | Tagged: AIG, Arson, Attempted Murder, BJ Broder, Civilian Contractor, Defense Base Act, Defense Base Act Insurance, Disabled Contractor, Donald A Henson, injured contractor, Post Traumatic Stress Disorder, ptsd, terrorizing | 2 Comments »
Posted by defensebaseactcomp on August 22, 2012
Civilian Contractors Families have no family support system, no family counseling, plus often the added stress of no medical care and/or disability payments for years on end
Is it a wonder that most DBA Casualty Families are destroyed?
“…we are still discovering, still revealing, fissures and cracks in the family support system.”
Global Research August 22, 2012
Seven months ago, in December, 2011, Brian Arredondo, age 24, hanged himself in a shed in his mother’s backyard. Brian was the brother of US Marine Corps Lance Corporal Alexander Arredondo, who was killed in Iraq in 2004. For seven years Brian had had difficulties dealing with the death of his brother.
Brian, like so many military brothers, sisters, spouses, children and parents, fell into the depths of depression following the death of his brother.
These difficulties in coping with his brother’s death played out in Brian in his depression, dropping out of school, using alcohol and drugs, being in and out of drug rehab facilities, in continuing incidents with police for disorderly conduct and finally in suicide.
Posted in ACE, AIG and CNA, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Delay, Deny, Dropping the DBA Ball, Hope that I die, PTSD and TBI, Toxic Exposures | Tagged: Conversion Disorder, DBA Casualty, DBA Insurance, Defense Base Act, Defense Base Act Insurance, mental health problems, Post Traumatic Stress Disorder, ptsd | Leave a Comment »
Posted by defensebaseactcomp on August 3, 2012
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.
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 6, 2012
July 7, 2003
Nine years ago you get that phone call you hoped you’d never get
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”
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.
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 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
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.
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 May 6, 2012
This is the price that innocent people pay when PTSD and TBI are IGNORED by the Military, the Veterans Administration and the Defense Base Act Insurance Companies. The Defense Base Act Insurance Companies should be found guilty of murder themselves in many instances.
“We haven’t begun to see the wave of all this.”
Should post-traumatic stress disorder be a defense for murder? Watch “War Rage on Trial” on CNN Presents, Sunday, May 6 at 8 p.m./11p.m. ET.
Altoona, Pennsylvania (CNN) — Raymond Williams had just retired and was looking forward to traveling out west with his wife and spending time with his three grandchildren. But all those plans were shattered on April 6, 2009. As Williams, 64, went to get the mail on that spring day, he was gunned down by a man he’d never met.
His wife found his body.
“She said, you know ‘Matt! Matt! Somebody shot Dad,'” recalled Williams’ son, Matt. “It didn’t register. I’m thinking, ‘OK where is he now? Did they take him to the hospital? What hospital is he in?’ And before I could even get another word out, she goes ‘And he’s dead.'”
A short time earlier, the same gunman had killed a teenager and wounded a woman at a store in the same working-class town of Altoona in central Pennsylvania.
The gunman, Nicholas Horner, was a husband, a father, and a veteran soldier who had been awarded multiple medals for his service in Iraq, including a combat action badge. Less than a year after returning from combat, Horner faced two first degree murder charges and the possibility of the death penalty.
“Not in a million years could I believe this was true because Nick would never, he could never hurt anyone,” said Horner’s mother, Karen. “I know Nick. Nick pulled the trigger, but that wasn’t Nick.”
Posted in ACE, AIG and CNA, Chartis, Defense Base Act Insurance, Delay, Deny, Hope that I die, Melt Down, PTSD and TBI | Tagged: Defense Base Act Insurance Company, Post Traumatic Stress Disorder, ptsd, TBI, Traumatic Brain Injury, Undiagnosed TBI, Undiagosed PTSD | 3 Comments »
Posted by defensebaseactcomp on March 14, 2012
Defense Base Act Claimants really are in another War Zone when they must file a DBA Claim.
As it turns out many, too many, of the Plaintiff’s own Attorneys are aiding and abetting the enemy
Last January ALJ Berlin awarded the Dill Widow DBA Death Benefits in a very important PTSD/Suicide Claim.
This claim was denied for five years while Wade Dill’s widow Barbara’s integrity was brutally attacked as though she had pulled the trigger herself.
KBR refused to supply Wade Dill’s medical records and other reports which would have exposed the state of mind he was in while still in Iraq. But it is OK to defy discovery if you are AIG/KBR-SEII. Do not try this yourself, you’ll lose your claim.
Dennis Nalick was the Attorney who brought this claim to a successful decision.
Barbara Dill’s next Attorney, Bruce H Nicholson, refused to address misinformation in the records saying “you won the claim why would you want to mess with it”.
Mr Nicholson refuted any suggestion that this very important decision would be appealed. He went so far as to tell the Widow that she should discontinue corresponding with those who assured her it would be. Bad people we are, just trying to upset her needlessly.
AIG KBR SEII via Michael Thomas appealed the decision.
Mr Nicholson never responded to the Benefits Review Board on behalf of the Widow though he assured her he was on top of it and he and the widow corresponded regularly.
On February 28 the BRB overturned the ALJ’s decision, unopposed. The widow was not represented at all.
Mr. Nicholson was though, prior to this decision, negotiating a “settlement” with Michael Thomas and AIG which would take this important PTSD Suicide decision out of this WAR as case law for all impending and future PTSD Suicide claims. The same Mr Nicholson who posted here at the blog in response to the award:
“The decision represents a sound road map for work related contractor suicide claims and is unlikely to be overturned when followed.”
We ask, is no one in this wretched biased system held to any standard of ethical practice?
Mr Nicholson was responsible for representing the Widow and he did not.
Would it not have been a requirement of those who were involved in this to make the widow aware, to speak up?
We do not kid ourselves that this was simply a case of friendly fire. There was too much at stake here.
Posted in AIG and CNA, AWOL Medical Records, Chartis, 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, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Follow the Money, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Suicide | Tagged: AIG, AIG WAR, Appeals, Benefits Review Board, BRB, Bruce H Nicholson, Bruce Nicholson, DBA Attorneys, DBA Lawyers, Defense Base Act Attorneys, Defense Base Act Lawyers, Dill Vs SEII, Ethics, KBR, Longshore Harbor Workers Compensation Act, Michael Thomas, Post Traumatic Stress Disorder, ptsd, PTSD Suicide, SEII | 3 Comments »
Posted by defensebaseactcomp on December 22, 2011
As referenced in the previous post Department of Labor District Offices Dead in the Water Scott Bloch filed a request to find CNA in 18(a) Default of an Order on behalf of Merlin Clark on September 16, 2011.
Merlin Clark has been denied medical by CNA since 2005 after being blown up in 2003. An order signed by an ALJ and issued by the Jacksonville District Director in October of 2010 has not been complied with.
After giving CNA nearly a year to comply this request was filed just prior to the one year deadline for doing so. It’s not that they did not have the opportunity for nearly year to comply, if not five prior years to live up to their contractual obligations to the taxpayer.
Yet this 18 (a) Request for a Default has been denied due process. Three additional months of non compliance on top of nearly a year. No attempts by CNA to bs their way out until this issue was posted here on the blog. They know there is no consequence to them when they do not comply with orders.
Instead of issuing a supplemental order and allowing Mr. Clark to exercise his rights outside of this broken Administrative Law System the District Director has taken it upon himself to attempt to mediate this already decided claim yet again.
Where does this Not Very Merry Go Round stop, if ever?
Why does the Department of Labor repeatedly side with the insurance company with no regard to the health and well being of injured war zone contractors and their families?
Who is benefiting from this?
Posted in AIG and CNA, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Delay, Deny, Department of Labor, Follow the Money, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, OALJ, Political Watch, PTSD and TBI | Tagged: 18(a) default, Civilian Contractor, CNA, Contractor Casualty, DBA, Defense Base Act, Defense Base Act Insurance, Department of Labor, District Director, injured contractor, Injured War Zone Contractor | 12 Comments »
Posted by defensebaseactcomp on November 6, 2011
Average Weekly Wage determinations are based on the amount you were making at the time you were injured and
INCLUDE UP PAYS
Still the Department of Labor allows the Insurance Company to use this issue to underpay and deny payment of indemnity to injured contractors and death benefits to the family members of those killed.
One Claims Examiner in particular recommends at every informal conference we have been made aware of that the injured contractors AWW does not include up pays. This allows the insurance company to either cease payments or underpay the injured for the years it often takes to get the claim before an ALJ where this will be remedied.
Often the Injured Contractor has grown so weary of the fight that they accept this lower AWW and consequently lower indemnity payments. Worse often the Injured Contractors own Attorney recommends to them that they accept this illegal determination. It will not effect what they get paid.
An injured contractor may be told that this is inconsequential to their claim because their AWW is so much higher than the DBA limits. Never accept this determination as it will effect your residual wage earning capacity in the event you are able to return to work albeit in a diminished capacity.
This biased practice on behalf of some Department of Labor employees places an increased burden on the DBA Administrative System which is evidently nearly at a standstill, on the injured contractor and their family, and unfairly allows the insurance company to drag out claims unnecessarily for years on end. More legal fees to be paid by the taxpayer for both sides and it only cost the insurance company .24 percent to withhold these funds.
DBA Insurance Insurance Premiums are paid based on the following:
The rates are per $100 of contractors’ overseas employee remuneration.
“Overseas employee remuneration” means the salary of an employee eligible for DBA coverage earned overseas and includes
Overseas recruitment incentive,
Post differential, and
Temporary quarters allowance,
Education allowance, and
Any other miscellaneous post allowances
Any changes in the amount of remuneration paid during the term of the policy will result in corresponding changes to the amount of the premium. This is where CNA screwed over USACE by not refunding premiums where required.
The above DBA premium information was taken from the following though it is also stated in the LHWCA
Posted in Civilian Contractors, 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, Follow the Money, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act | Tagged: Average Weekly Wage, AWW, Danger Pay, DBA Average Weekly Wage Determination, DBA AWW, Defense Base Act Insurance, Overseas Recruitment Incentive, Post Differential, Up Lifts, Up Pay | Leave a Comment »
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.
Posted in ACE, AIG and CNA, Civilian Contractors, DBA Attorneys Fees, 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, LHWCA Longshore Harbor Workers Compesnation Act, Liberty Mutual, Political Watch, PTSD and TBI | Tagged: DBA, DBA Clalimants, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Attorneys Fees, Defense Base Act Insurance, Department of Labor, DoL, DoL Claims Examiners, DoL District Director, Due Process, Informal Conference, injured war zone contractors | 2 Comments »
Posted by defensebaseactcomp on October 18, 2011
Sadly this reads like so many Defense Base Act PTSD Suicides, Neglect and unreasonable demands….
GREENEVILLE, Tenn. Courthouse News October 18, 2011
Neglect and unreasonable demands from the Veterans Administration caused another Iraq war veteran to kill himself,
his widow claims in Federal Court. She says that despite a doctor’s “clear diagnosis” of post-traumatic stress disorder, from roadside bombs, including one that killed 93 people, the VA refused to admit he suffered from PTSD, with excuses such as “the diagnosis ‘does not specify which Diagnostic and Statistical Manual was used'”; and that he “‘failed to provide dates of the incidents or names of any casualties.'”
Tracy Eiswert says her husband Scott suffered substandard care from the VA hospital in Mountain Home, Tenn., before he killed himself in 2008. He was 31. She survives, with their two young children.
It’s the latest in a string of lawsuits from families of veterans nationwide, who say the VA was less than helpful after veterans returned from wars in Iraq and Afghanistan.
The VA in July 2010 relaxed requirements for veterans seeking service-connected PTSD benefits, but the agency still faces criticism for its mental health services.
The 9th Circuit ruled this year in a California class action that the “VA’s failure to provide adequate procedures for veterans facing prejudicial delays in the delivery of mental health care violates the Due Process Clause of the Fifth Amendment,” according to Tracy Eiswert’s complaint.
Scott Eiswert joined the National Guard in 2001 and served in Iraq in 2004 and 2005.
Tracy Eiswert says her husband first sought help for his symptoms after he was honorably discharged in November 2005.
She says Scott saw a professional counselor at a private mental health facility in Greeneville for almost 4 months. Scott’s symptoms included depression, acute insomnia, extreme stress and irritability, according to medical records described in the complaint.
His counselor recommended individual psychotherapy and reported to Scott’s physician that he “certainly appears to meet the criteria for PTSD,” the complaint states.
According to the medical records, in May 2006, Scott’s counselor wrote a letter to the Department of Veterans Affairs, stating: “After meeting with Mr. Eiswert for several appointments, we have established a diagnosis of PTSD, per the Diagnostic & Statistical Manual Criteria.”
The widow says her husband applied to the VA for service-connected PTSD benefits based on the counselor’s diagnosis.
The complaint states:
“In the application Scott describes a number of incidents in Iraq as follows:
“Various Route Clearances – Roadside Bombs, Raids
“Convoy Escorts, all the Outside Wire Dangers and Stresses.
“Close Calls on Roadside Bombs
“Car Bombs and the Destruction they Cause, Including Civilian Fatalities (Body Parts)
“‘I was on a Raid with Fellow Soldiers when they got Blown-Up by a Massive Roadside Bomb. (93 Dead, 1 Crippled)” [Punctuation as in complaint.]
But the VA denied his claims three times before he killed himself, his widow says.
In its September 2006 denial, the VA stated that Scott’s counselor “does not specify which Diagnostic and Statistical Manual was used.’ The denial analysis also states that even though Scott provided ‘sufficient details concerning a stressor …’ it ‘failed to provide dates of the incidents or names of any casualties.'” (Ellipsis in complaint).
Tracy Eiswert says the VA doctor who assessed Scott did not have access to the records of Scott’s private counselor and “relied entirely on Scott’s narrative to make his assessment.” She says the VA doctor “concluded that ‘veteran has current diagnosis of depression, NOS. He does describe symptoms of Post Traumatic Stress Syndrome, however not enough to meet criteria.'”
(NOS apparently indicates “not otherwise specified.”)
The VA denied Scott’s claim a second time in November 2006, after receiving additional medical records from the Tennessee National Guard.
Tracy Eiswert says VA doctors gave Scott medications for depression and insomnia, but he did not tolerate them well.
By early 2007, Scott reported increased marital and family problems, increased irritability, nightmares, night sweats and difficulty sleeping, according to medical records in the complaint
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