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$85 million awarded to 12 Oregon soldiers; KBR guilty of negligence, not fraud

Posted by defensebaseactcomp on November 2, 2012

Oregon Live  November 2, 1012

A Portland jury found defense contractor KBR Inc. was negligent, but did not commit fraud against a dozen Oregon Army National Guard soldiers who sued the company for its conduct in Iraq nine years ago. Magistrate Judge Paul Papak announced the decision about 3:35 p.m. the U.S. Courthouse in Portland. Each soldier was awarded $850,000 in non-economic damages and $6.25 million in punitive damages.

“It’s a little bit of justice,” said Guard veteran Jason Arnold, moments after the verdict was announced Friday afternoon. Arnold was one of four of the soldier-plaintiffs in the courtroom was the verdict was read.

The verdict should send an important message to those who rely on military troops, he said.

“We’re not disposable,” said another soldier, Aaron St. Clair. “People are not going to make money from our blood.”

KBR’s lead attorney, Geoffrey Harrison, said the company will appeal.

“We will appeal the jury’s incorrect verdict,” he said. “We believe the trial court should have dismissed the case before the trial.”

Harrison said the soldiers’ lawyers produced a medical expert, Dr. Arch Carson, who offered “unsupported, untested medical opinions” that each soldier had suffered invisible, cellular-level injuries as a result of their exposure to hexavalent chromium.

The verdict means the jury did not hear clear and convincing evidence that KBR intended to deceive the soldiers in the way it operated at the Qarmat Ali water treatment plant, near Basra, Iraq. But they did find that the company failed to meet its obligations in managing the work at the plant.

Friday’s verdict closes the first phase of a web of litigation between National Guard and British troops against KBR Inc., the defense contractor they accuse of knowingly exposing them in 2003 to a carcinogen at Qarmat Ali. KBR has denied the accusations.

In Oregon another set of Oregon soldiers are waiting in the wings for their day in court. Magistrate Judge Paul Papak and the attorneys agreed earlier to hold an initial trial with the first 12 soldiers, in order to keep the proceedings from becoming too unwieldy. A second trial, featuring all or some of the remaining 21 plaintiffs, could begin in federal court in Portland this winter.

Another lawsuit brought by Indiana soldiers against KBR is on hold in federal court in Texas, while an appeals court considers a jurisdictional issue.

The cases stem from the chaotic aftermath of the U.S.-led invasion of Iraq in March 2003. The Army Corps of Engineers hired KBR Inc. to run a massive program called Restore Iraqi Oil. The program involved dozens of sites throughout Iraq — sites that neither the Army nor KBR had visited before the invasion. The project was intended to quickly restore the flow of Iraq’s oil, partly to fund the war. The Pentagon remembered the way Saddam Hussein had lit the fields on fire during the first Gulf War, and feared a repeat in 2003.

Qarmat Ali was a compound where water was pumped underground to drive oil to the surface elsewhere. For decades, Iraqis had treated the water with sodium dichromate, an anticorrosion agent that contains hexavalent chromium, a known carcinogen. (Sodium dichromate is banned in the United States.)

Iraq’s Southern Oil Co. took delivery of sodium dichromate, an orange-yellow crystalline powder, in bags that were stored on site. Soldiers and others testified that the material was loose and drifting around the site, and had contaminated areas even outside the chemical injection building where it was added to the water.

How contaminated was it? Accounts differ. Even one of the plaintiffs in this case said he didn’t notice any soil discoloration. One of the British soldiers whose testimony was prerecorded said it was everywhere. Another Oregon soldier said it settled heavily on the clothing of the soldiers, who unwittingly carried it back to their camps over the border in Kuwait.

Much of KBR’s defense in the first Oregon trial focused on just how unlikely it was that any soldier — who visited the plant at durations from one day to 21 days — could have been exposed to dangerously high levels of sodium dichromate. But one of the most gripping portions of the testimony was when Oregon veteran Larry Roberta described eating a chicken patty that had been coated with the orange crystals, which he said immediately burned in his esophagus, causing him to vomit.

Roberta now is confined to a wheelchair and takes oxygen from a tank in his backpack. He had a history of gastrointestinal issues, but attributes much of his poor health to his time at Qarmat Ali.

Harrison, KBR’s lawyer, said the company “believes in the judicial process and respects the efforts and time of the jurors,” but believes the process that brought the case to conclusion Friday shouldn’t have been allowed to come so far.

“KBR did safe and exceptional work in Iraq under difficult circumstances,” he said in a brief, prepared statement. “We believe the facts and law ultimately will provide vindication.”

Soldier-plaintiff Arnold said the message of the verdict is unmistakable. He said service members are being exploited “to this day.”

Now, he said, “the voice will be out. There will be a lot more scrutiny.”

Posted in ACE, AIG and CNA, AWOL Medical Records, Cancer, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Exclusive Remedy, Follow the Money, Iraq, KBR, Toxic Exposures, War Hazards Act | Tagged: , , , , , , , , , | Leave a Comment »

CNA’s Deadly Paper Games and Outright Lies Condoned by the Department of Labor

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: , , , , , , , , , , , , , , | 2 Comments »

The Ronco Riff

Posted by defensebaseactcomp on October 25, 2012

October 25, 2012

Voluntary Today, Involuntary Tomorrow

Another Successful Flush by Wackenhut G4S

Will the last Ronco Consulting Corporation Employee out please close the lid ?

Posted in Afghanistan, Armorgroup, Civilian Contractors, Exclusive Remedy, Follow the Money, G4S, Iraq, Ronco Consulting, State Department, Taxes, Wackenut | Tagged: , , , , , , , , , , , | Leave a Comment »

Iraq convoy was sent out despite threat

Posted by defensebaseactcomp on October 9, 2012

Unarmored trucks carrying needed supplies were ambushed, leaving six drivers dead. Records illuminate the fateful decision.

“Can anyone explain to me why we put civilians in the middle of known ambush sites?”

“Maybe we should put body bags on the packing list for our drivers.”

T Christian Miller The LA Times  September 3, 2007

Senior managers for defense contractor KBR overruled calls to halt supply operations in Iraq in the spring of 2004, ordering unarmored trucks into an active combat zone where six civilian drivers died in an ambush, according to newly available documents.

Company e-mails and other internal communications reveal that before KBR dispatched the convoy, a chorus of security advisors predicted an increase in roadside bombings and attacks on Iraq’s highways. They recommended suspension of convoys.

“[I] think we will get people injured or killed tomorrow,” warned KBR regional security chief George Seagle, citing “tons of intel.” But in an e-mail sent a day before the convoy was dispatched, he also acknowledged: “Big politics and contract issues involved.”

KBR was under intense pressure from the military to deliver on its multibillion-dollar contract to transport food, fuel and other vital supplies to U.S. soldiers. At Baghdad’s airport, a shortage of jet fuel threatened to ground some units.

After consulting with military commanders, KBR’s top managers decided to keep the convoys rolling. “If the [Army] pushes, then we push, too,” wrote an aide to Craig Peterson, KBR’s top official in Iraq.

The decision prompted a raging internal debate that is detailed in private KBR documents, some under court seal, that were reviewed by The Times.

One KBR management official threatened to resign when superiors ordered truckers to continue driving. “I cannot consciously sit back and allow unarmed civilians to get picked apart,” wrote Keith Richard, chief of the trucking operation.

Six American truck drivers and two U.S. soldiers were killed when the convoy rumbled into a five-mile gauntlet of weapons fire on April 9, 2004, making an emergency delivery of jet fuel to the airport. One soldier and a seventh trucker remain missing.

Recriminations began the same day.

“Can anyone explain to me why we put civilians in the middle of known ambush sites?” demanded one security advisor in an e-mail. “Maybe we should put body bags on the packing list for our drivers.”

Please read the entire story here

Posted in Civilian Contractors, Contractor Casualties and Missing, Contractors Kidnapped, Defense Base Act, Defense Base Act Insurance, Department of Defense, Exclusive Remedy, Follow the Money, Injured Contractors, Iraq, KBR, Misjudgements, Political Watch, T Christian Miller | Tagged: , , , , , , , , , , , , , | Leave a Comment »

Will the Exclusive Remedy continue to condone murder or will G4S/ArmorGroup finally be held responsible for the murders of Paul McGuigan and Darren Hoare?????

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: , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Tierney and Cummings Seek Administration Help on Legislation to Save Taxpayers Billions on Insuring Federal Contractors Overseas

Posted by defensebaseactcomp on September 18, 2012

“IT”S TIME TO FIX THIS PROGRAM”

Washington, DC (Sept. 11, 2012)— September 17, 2012

Today, Rep. Elijah E. Cummings, Ranking Member of the House Committee on Oversight and Government Reform, and Rep. John F. Tierney, Ranking Member of the Subcommittee on National Security, Homeland Defense and Foreign Operations, sent a letter to the Office of Management and Budget requesting support for, and input on, H.R. 5891, The Defense Base Act Insurance Improvement Act of 2012.

“This is a common-sense bill that would save the American taxpayers billions of dollars,” said Tierney. “Numerous government audits have concluded that we are paying too much for workers’ compensation insurance for overseas government contractors, and that these workers aren’t getting what they deserve. It’s time to fix this program.”

The legislation would transition the existing Defense Base Act (DBA) insurance program to a government self-insurance program. According to a 2009 Pentagon study, this change could save as much as $250 million a year. The study found: “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”

“We are sponsoring this legislation because several audits of the current DBA program have documented enormous unnecessary costs incurred by taxpayers,” Cummings and Tierney wrote.

The existing system has been a boondoggle for private insurance companies, which have reaped enormous profits under the program. According to an Oversight Committee investigation, insurance companies providing DBA insurance in Iraq and Afghanistan have made enormous underwriting profits that are significantly higher than those of traditional workers’ compensation insurers.

The letter from Tierney and Cummings requests support for the legislation and notes that “OMB may be evaluating similar options.”

Posted in ACE, Afghanistan, AIG and CNA, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Department of Labor, Follow the Money, Political Watch, War Hazards Act, Zurich | Tagged: , , , , , | 1 Comment »

Family of Daniel Saville still fighting for Defense Base Act Death Benefits

Posted by defensebaseactcomp on August 20, 2012

The family has also been told that Global Security, the company he was working for at the time, had refused to pay out his life insurance

Telegraph and Argus August 20, 2012

Family Battles for Truth About Fatal Plane Crash Two Years On

The family of a soldier turned bodyguard who was killed in a plane crash in Afghanistan more than two years ago is still battling for a full explanation as to what led to the disaster.

Rebecca Lake, said her family was being “kept in the dark” despite an on-going fight for justice for her brother Daniel Saville, 40, a former Coldstream guard, who was among three Britons who perished when Pamir Airways Flight 1102 crashed north of Kabul, Afghanistan, on May 17, 2010.

Mr Saville, who grew up in Wilsden , Haworth and Allerton , Bradford, had been only a few weeks away from his return to Britain from working as a private security contractor for a US government agency trying to combat the cultivation of heroin.

A damning official report blaming the failure of the aircraft’s captain and Afghan air traffic control for causing the disaster has been obtained from the Foreign Office by the Telegraph & Argus using the Freedom of Information Act.

But Mrs Lake, 45, of Clayton Heights , Bradford, has made a fresh plea to the authorities to keep her family fully informed of developments as lawyers continue a compensation battle in the US for the British victims of the doomed plane which had been flying on false documents.

She said that, despite investigations in the war-torn country, it had been “difficult” for the Afghan authorities to fully investigate and bring to justice those who were to blame for causing her brother’s death.

The family has also been told that Global Security, the company he was working for at the time, had refused to pay out his life insurance.

Please read the entire article here

Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Department of Labor, Follow the Money, UK Contractor killed | Tagged: , , , , , | 1 Comment »

The Department of Labor and the Supreme Group, A Cover Up?

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

http://www.dol.gov/owcp/dlhwc/dbaallemployer6-30-10.htm

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)

http://www.dol.gov/owcp/dlhwc/dbaallcarrier6-30-10.htm

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: , , , , , , , , , , , | 3 Comments »

AIG to pay $146.5M for workers compensation settlement

Posted by defensebaseactcomp on June 5, 2012

Associated Press at WJLA Tallahassee  June 5, 2012

American International Group Inc. and its affiliates have agreed to pay $146.5 million to all 50 U.S. states and the District of Columbia to settle a complaint that it misreported billions of dollars in workers compensation premiums in past years

Florida Insurance Commissioner Kevin McCarty, whose state was among those pressing the complaint, announced the settlement Tuesday.

AIG was accused of misreporting $21.1 billion in workers compensation premium as other lines of insurance in past years.

The company agreed to pay a $100 million national penalty and $46.5 million in additional premium taxes and assessments.

McCarty said Florida’s share of the settlement will total $14.3 million. He said the misreported premiums had wrongly reduced AIG’s taxes and assessments.

Telephones messages left for AIG by The Associated Press weren’t immediately returned

Posted in AIG and CNA, Civilian Contractors, Defense Base Act, Department of Labor, Follow the Money | Tagged: , , , , | 4 Comments »

Judge Denies Blackwater’s Motion for Arbitration

Posted by defensebaseactcomp on May 23, 2012

Law Offices of Scott J Bloch  May 23, 2012

WASHINGTON, DC (May 23, 2012) – Blackwater Industries, which changed its name to Xe Services, and now has changed it yet again to Academi LLC, lost its initial bid to have the $240 million suit for employee misclassification sent to arbitration and dismissed from federal court in Washington, D.C.

Scott Bloch filed an amended complaint (see link above) in the class action lawsuit on behalf of four former security specialists, who were injured while working for Blackwater, in order to recover their payment of social security, unemployment insurance, and unpaid benefits and state and local withholding and unemployment insurance, and other unspecified damages. The action seeks $240,000,000 in damages for lost benefits, overtime, treble damages and punitive damages, as well as additional amounts as proved for the class of specialists.

The court has rejected that motion filed by Blackwater and required it to file another motion to determine if the same Plaintiffs agreed to have an arbitrator determine if the agreements were unconscionable, procured by duress, fraud and undue influence.

“Blackwater acted illegally and unconscionably toward these brave individuals,” said Bloch. ”Through their fraud as pointed out in the Amended Complaint, they avoided overtime for security workers who worked sometimes 12-16 hours a day 6 days a week. They were forced to sign agreements they never read and were not given time to read and not given copies, which took away valuable rights and were unlawful in their terms. Now the court has rejected their initial motion and required Blackwater to seek the same relief if they can prove that the Plaintiffs who never were allowed to read the original agreements agreed to have an arbitrator determine whether they properly agreed to anything. We continue to assert the illegality of the agreements and the actions of Blackwater.”

Read Xe’s Arbitration Bid Denied in Misclassification Suit here.

Posted in Blackwater, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Follow the Money, Taxes, Xe | Tagged: , , , , , , , , , , , | 3 Comments »

Defense Base Act: The Weaponization of the Defense Medical Examination

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: , , , , , , , , , , | 2 Comments »

All’s Fair in Love and AIG WAR? No Ethics ?

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: , , , , , , , , , , , , , , , , , , , | 3 Comments »

US Spec Ops Serviceman, with diagnosed TBI, kills 16 in house to house village shooting

Posted by defensebaseactcomp on March 11, 2012

IGNORE THE SYMPTOMS, FAIL TO ACKNOWLEDGE,

Someone always pays, just not those responsible

Updated at 7:59 a.m. ET: KABUL, Afghanistan — The U.S. soldier who allegedly shot 16 Afghan villagers was caught on surveillance video that showed him walking up to his base and raising his arms in surrender, Afghan officials who viewed the footage said.

The video reportedly was shot from a blimp and showed the soldier walking up to his base covered in a traditional Afghan shawl. The soldier removed the shawl and put his weapon on the ground, then raised his arms in surrender, unidentified Afghan officials told Reuters and The Associated Press.


The video had been shown to investigators to help dispel a widely held belief among Afghans, including many members of parliament, that more than one soldier must have been involved because of the high death toll, the officials told journalists.

Shooting suspect was trained sniper  March12, 2012

The soldier detained for the shootings in Afghanistan was a qualified infantry sniper, a senior Department of Defense official told CNN. (See also: heightened security in Afghanistan)

The soldier was injured in a vehicle rollover while in Iraq in 2010, according to the official. The official described it as a non-combat rollover. He was diagnosed with Traumatic Brain Injury (TBI) but was found fit for duty.

His family has been moved on to Joint Base Lewis-McChord for their safety, the official said.

After an Afghan soldier alerted the U.S. military at the base of the soldier’s initial departure, the U.S. military put up an aircraft to search for the missing soldier. Soon after, Afghan civilians came to the gate carrying wounded civilians, the first indication the military had of the shooting.

When the soldier turned himself over to the search party, he immediately invoked his rights not to speak. He has been moved to Kandahar and put in pre-trial confinement, a congressional source told CNN.

  March 11, 2012 10pm

“It appears he walked off post and later returned and turned himself in,” said Lt. Cmdr. James Williams, a military spokesman. The NATO force said the assailant acknowledged he had inflicted an unspecified number of casualties during the shootings, which began about 3 a.m.

The soldier’s name has not been released, but a U.S. official told ABC News he is a 38-year-old staff sergeant who is married with two children and had served three tours in Iraq This was his first tour in Afghanistan, where he has been since early December, the official said.

Separately, a senior U.S. military official confirmed that the sergeant was attached to a unit based at Lewis-McChord, located near Tacoma, and that he had been part of what is called a village-stabilization operation in Afghanistan, in which teams of Green Berets, supported by other soldiers, try to develop close ties with village elders, organize local police units and track down Taliban leaders. The official said the sergeant was not a Green Beret himself.

JOINT BASE LEWIS-MCCHORD, Wash. – A soldier accused of killing 16 Afghan civilians in cold blood while they slept is a staff sergeant from Joint Base Lewis-McChord, a U.S. official has confirmed

The soldier’s name has not been released, but a U.S. official told ABC News he is a 38-year-old staff sergeant who is married with two children, and served three tours in Iraq. This was his first tour in Afghanistan, where he has been since early December, the official said

LA Times  March 11, 2012

Reporting from Kabul, Afghanistan — A lone American serviceman slipped away from his base in southern Afghanistan before dawn Sunday and went on a methodical house-to-house shooting spree in a nearby village, killing 16 people, nearly all of them women and children, according to Afghan officials who visited the scene.

The NATO force confirmed that the assailant was in military custody, and that he had inflicted an unspecified number of casualties during the shooting spree at about 3 a.m. Sunday. The U.S. Embassy called for calm and expressed deep condolences; the Taliban referred to the killings as an “act of genocide.”

The British Broadcasting Corp. reported that the shooter was a staff sergeant and a member of the U.S. special operations forces who had been involved in training the Afghan police.

The incident, potentially the worst atrocity of the 10-year war to be deliberately carried out by a single member of the Western military, represents a stunning setback to U.S.-Afghan relations, already shaken by last month’s burning of copies of the Koran at a U.S. military base north of Kabul

Please see the original and read more here

Posted in Afghanistan, Follow the Money, Iraq, Melt Down, Political Watch, PTSD and TBI | Tagged: , , , , , , , , , , | Leave a Comment »

Lawsuit seeks accounting of Fort Ord Reuse Authority money

Posted by defensebaseactcomp on March 6, 2012

Most of $100 Million of Federal Munitions Clean Up Money goes to AIG for Insurance

Fort Ord: Group files suit to get accounting of FORA’s $100M

Open space advocates filed suit Monday to get an accounting of how the Fort Ord Reuse Authority spent nearly $100 million in federal money.

Keep Fort Ord Wild is asking a judge to compel FORA to release documents it first requested under the Public Records Act in December. Molly Erickson, attorney for the group, said FORA responded with incomplete records and said it does not have or has destroyed the rest.

At issue is a $99.3 million grant, the Environmental Services Cooperative Agreement, issued in 2007 for cleanup of munitions and explosives on Fort Ord.

The records supplied say the majority of the money, $82.1 million, purchased an “environmental insurance policy.” Erickson said FORA representatives said they did not have a copy of the policy and didn’t have a right to request one unless a claim were filed.

FORA spokeswoman Candy Ingram said the policy is a fixed-rate contract with Chartis, formerly American International Group, to administer the cleanup work with independent contractors. AON insurance, in turn, underwrote Chartis, guaranteeing the job would be completed at cost by 2015.

Contracts between the two companies are private, she said. With few exceptions, FORA does not have purview over the individual invoices submitted as part of the ongoing work, she added

Posted in AIG and CNA, Civilian Contractors, Follow the Money, Political Watch | Tagged: , , , , | 1 Comment »

Insurance Companies buy Republican US Senator, among others, to Further Deny Your Rights under the DBA

Posted by defensebaseactcomp on February 16, 2012

S. 669: Longshore and Harbor Workers’ Compensation Act Amendments of 2011

Here's Johnny !!

Johnny Isakson of Georgia has presented Bill S. 669 to the Senate which has been referred to a committee on which he sits, the Senate Committee on Health, Education, Labor, and Pensions, for deliberation, investigation, and revision.

TRACK THIS BILL

Bill S.669 was introduced AS IT WAS WRITTEN BY IT”S SPONSOR who is Senator Johnny Isakson, who is heavily supported by Insurance Companies and Attorneys who stand to reap ever larger profits than they already do if this bill were to become law.

Nearly every aspect of the Bill would be a huge present to the Defense Base Act Insurance business.

Johnny is looking out for the insurance companies and attorneys

This grim reaper sits on the Veterans Affairs Committee as well.

Johnny Isakson can be contacted at 202-224-3643.
1175 Peachtree St Ne
Atlanta, GA 30361
Phone : (404) 347-2202
The following is from the Johnny Isakson page at MapLight.org

Total Campaign Contributions Received by Johnny Isakson: $8,231,997

Interest Contributions
Real Estate $854,942
Lawyers/Law Firms $449,582
Health Professionals $298,416
Insurance $251,650
Banks and Credit $236,150
Lobbyists $214,261
Securities & Investment $200,500
Misc Finance $178,075
Pharmaceuticals/Health Products $167,500

Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Delay, Follow the Money, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, Racketeering | Tagged: , , , , , , , , , | Leave a Comment »

 
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