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Archive for the ‘Liberty Mutual’ Category

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 »

Defense Base Act: What is a Settlement ?

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: , , , , , , | Leave a Comment »

Department of Labor holding Defense Base Act Claims Hostage

Posted by defensebaseactcomp on October 20, 2011

The Department of Labor has been denying Defense Base Act Claimants the informal hearings that are required under the Act in order for your attorney to get paid among other things.

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

U.S. Fails to Protect Workers in Antarctica

Posted by defensebaseactcomp on March 31, 2011

“I am in the mercy of Liberty Mutual right now,” Pacheco said.

by Sophia Tewa 219 Magazine

An unusual man, David Pecheco decided at the age of 50 that he wanted to live the rest of his life in the treacherous South Pole, his wife Tina by his side. In October 2003, he took a job as a journeyman plumber and moved to the McMurdo Station in the southernmost tip of Antarctica, the hub of the United States’ scientific research efforts in the region.

The thrill didn’t last long.  On the morning of January 28, 2007, David Pacheco was sent to an empty building to drain and put antifreeze on pipes without knowing that the electricity was still on. When the water slashed out of the pipes, it conducted two lines of 277 volts throughout his body.

He flew 20 feet in the air. For a minute his heartbeat stopped.

When his supervisors finally arrived, it took them an hour and a half to turn off the electricity.

After several years of physical therapy for brain and nerve damage, Pacheco is still not expected to fully recover. Liberty Mutual, Raytheon’s insurance and worker’s compensation carrier, didn’t give total disability compensation and never paid his medical expenses. When he tried to seek compensation, he learned the hard way that American labor laws barely apply in the secluded world of Antarctica.

Hundreds of injuries have occurred in Antarctica since 2001, according to documents obtained under the Freedom of Information Act, but only three cases have been reported to the U.S. Department of Labor. This, despite the fact that Antarctic contract employees are entitled to special insurance benefits under the Defense Base Act laws and contract companies are required to report all injuries to the Department of Labor. But Raytheon Polar Services (RPSC), the company hired to run the U.S. Antarctic program, failed to comply with the law.

Since employees are technically always on their job site, any injury even off-duty or recreational should be covered by RPSC’s insurance carrier Liberty Mutual. But it doesn’t always happen. The average worker’s comp cost per injury is $13,261. Liberty Mutual managed to reduce claims by about $1.2 million in 2002, Raytheon reported.

Liberty Mutual, Raytheon’s insurance and worker’s compensation carrier, never paid Pacheco’s $14,000 New Zealand hospital bill.  In the United States, the Pachecos were left to pay for most of their medical expenses. They’re now $20,000 in debt on credit cards.

“I am in the mercy of Liberty Mutual right now,” Pacheco said.

Please read the entire story here

Posted in Civilian Contractors, Defense Base Act, Dropping the DBA Ball, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Liberty Mutual | Tagged: , , , , , , | 2 Comments »

 
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