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.
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