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Archive for the ‘PTSD and TBI’ 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 »

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

Portland Press Herald

BIDDEFORD — The wife of a Saco man accused of shooting at her and her mother and burning a house down Tuesday had secured a protection-from-abuse order against him on Monday.

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

Please read the entire story here

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

Post-traumatic stress and the hired gun

Posted by defensebaseactcomp on October 1, 2012

What is not known is the impact among those who work in the armed private security sector

“There’s loads of loose cannons running around”

BBC Scotland  October 1, 2012

Former SAS soldier Bob Paxman – who served in Iraq as well as other hostile environments – is one of a growing number of former servicemen who say they have suffered with the mental health condition Post Traumatic Stress Disorder (PTSD).

After a number of years in the military, Paxman retrained as a private security contractor, on protection contracts in Africa and Iraq.

He says as a result of being constantly in a dangerous environment and witnessing colleagues being killed and maimed he was diagnosed with PTSD.

The stress disorder is thought to affect up to 20% of military personnel who have served in conflict zones, according to research published by the National Center for PTSD in the US.

What is not known is the impact among those who work in the armed private security sector, many of whom are drawn from the military.

Yet the condition, says Paxman, led to him having flashbacks and becoming violent and paranoid.

“I was a danger to the public, a danger to myself,” Paxman says.

“A danger to whoever was perceived as being the enemy.”

Please read the entire article here

Posted in Civilian Contractors, Defense Base Act, Dropping the DBA Ball, PTSD and TBI | 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 »

Chronic Traumatic Encephalopathy, CTE, due to lack of Diagnoses and Early Treatment of Traumatic Brain Injury, TBI

Posted by defensebaseactcomp on September 21, 2012

“But we may be able to learn that early treatment of the initial acute [brain] injury may avoid this cascade from brain injury to CTE.”

As a civilian contractor you will be denied early treatment by the insurance company.  The liability for this further injury is with the Defense Base Act Insurance Company, CNA leading the way.  

David Woods The Huffington Post  September 20, 2012

WASHINGTON — Almost a quarter million American troops diagnosed with traumatic brain injury are at risk of developing a degenerative disease that causes bursts of anger and depression and can lead to memory loss, difficulty walking and speaking, paranoia and suicide, according to military researchers.

At present, medical officials cannot diagnose or prevent the disease, called Chronic Traumatic Encephalopathy, and there is no known treatment for it, said Army Col. Dallas Hack, director of the Army’s Combat Casualty Care Research Program.

But researchers are hot on the trail of new procedures to detect and diagnose the disease, and there is hope that early detection of brain injury among troops exposed to blasts from improvised explosive devices in Afghanistan could prevent them from falling victim to CTE.

“We don’t fully understand the incidence of CTE with the occurrence of traumatic brain injury,” said Air Force Lt. Col. Randall McCafferty, chief of neurosurgery at the San Antonio Military Medical Center. “But we may be able to learn that early treatment of the initial acute [brain] injury may avoid this cascade from brain injury to CTE.”

Please read the entire post here

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Dropping the DBA Ball, KBR, Misjudgements, PTSD and TBI, Suicide | Tagged: , , , , , , , , , , | Leave a Comment »

PTSD, TBI, and Early Aging- War might be making young bodies old

Posted by defensebaseactcomp on September 6, 2012

If what they’re seeing is a form of early aging, it seems most common to those with both blast-related concussion and PTSD— about 30% of the veterans being studied in a long-term research effort.

There is even imaging evidence of diminished gray matter in high-functioning areas of the brain, changes that shouldn’t happen for decades, if at all.

by Gregg Zoroyo USA Today  September 6, 2012

Civilian Contractors are provided much less care for these conditions and normally long after the fact, if at all.

BOSTON – A litany of physical or emotional problems spill out as Iraq and Afghanistan veterans make their way, one by one, to the 11th floor of a VA hospital in the Jamaica Plain neighborhood.

The tragic signs of post-traumatic stress disorder or battlefield concussion are all too evident. Even more alarming for researchers is emerging evidence that these newest American combat veterans — former GIs and Marines in their 20s and 30s — appear to be growing old before their time. Scientists see early signs of heart disease and diabetes, slowed metabolisms and obesity — maladies more common to middle age or later.

“They should have been in the best shape of their lives,” says William Milberg, a Harvard Medical School professor of psychology and project co-director. “The big worry, of course, is we’re going to be taking care of them until they’re in their 70s.

What’s going to happen to them in the long run?”

Please read the entire story at USA Today

 

Posted in Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Department of Labor, Injured Contractors, Political Watch, PTSD and TBI | Tagged: , , , , , , , , | Leave a Comment »

Suicides and Mental Trauma of Family Members

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.

Please read the entire article here

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: , , , , , , , | Leave a Comment »

Officer Down: Police, PTSD and Suicide

Posted by defensebaseactcomp on August 13, 2012

Left untreated, the effects of PTSD on law enforcement can be terrible. In 2012 so far, more police have died by their own hand than by gunfire.

Workers Comp Insider  August 13, 2012

Thanks to Workers Comp Insider for this timely and important article

Last month, there was a story about a South Carolina sheriff who was denied workers comp benefits for metal distress that he suffered after fatally shooting a suspect. In Brandon Bentley v. Spartanburg County, and S.C. Association of Counties SIF, the South Carolina Supreme Court upheld a lower court denial saying that “…the use of deadly force is an expected and standard part of being a sheriff and is “not an unusual or extraordinary employment condition” that might qualify for workers’ compensation under the state’s restricted coverage for purely mental injuries. In citing statistics, the Sheriff had unsuccessfully tried to demonstrate that such a shooting was indeed an extraordinary event in Spartanburg County. “

The Court noted that it made its decision according to the law as it is written but “… the court did say the state law related to mental injuries should be updated. If South Carolina lawmakers revised state law, it would join a handful of others, wrote the court. Hawaii, Michigan, New Jersey, New York and Oregon already do not require that the conditions of employment be unusual and extraordinary in order for someone to collect compensation.” (Source: Court brings new focus on mental health of law enforcement.)

Hopefully, his community or his police force sees the wisdom of extending some counseling to this officer, despite the denial of full benefits. Re-examining this issue makes good sense. While risks may well be part of the job, people are not automatons that can shut out the emotional residue of terrible events, regardless of training. PTSD is very real, and we must get better at dealing with it. This story was brought to mind again after watching the hard-working police Chief of Aurora Colorado reporting on the gruesome task that his staff faced in responding to the tragedy. In one of his daily updates, his voice broke when he spoke of the stress and toll this took on first responders.

Left untreated, the effects of PTSD on law enforcement can be terrible. In 2012 so far, more police have died by their own hand than by gunfire. According to Badge of Life, a police suicide prevention program, there have been 73 police suicides this year vs. 19 officers killed by gunfire. Badge of Life is conducting A Study of Police Suicides. The first full study of police suicides in all 50 states was published in 2009 in the International Journal of Emergency Mental Health. At that time, the suicide rate for police officers was 17/100,000, compared to the rate for the general public of 11/100,000 and 20/100,000 for the Army.

Badge of Life points us to a documentary that is in progress on the topic, Code 9 Officer Needs Assistance. It’s being co-produced by the wife of a retired state trooper suffering with PTSD, exploring the darker side of law enforcement as it tells the stories of police officers and their families who are now suffering the mental anguish of the careers they chose, which has led some to suicide. Click the above link or the image below to see a powerful excerpt from the documentary. You can get more information on the Code 9 Facebook page.

Posted in ACE, AIG and CNA, Civilian Contractors, PTSD and TBI | Tagged: , , , , , , | 1 Comment »

Army Wants PTSD Clinicians to Stop Screening for Fakers: Chances are they are probably ailing

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

Untreated PTSD puts family at risk

Posted by defensebaseactcomp on August 3, 2012

A presentence investigation found Ali has untreated mental illness, defense attorney Blair Nelson said. He said Ali had a good job as a civilian contractor for the military, but it ended when he developed post-traumatic stress disorder, depression and anxiety.

Moorhead man gets 27 months for trying to run over wife, daughter

Hisham Fazil Ali says he suffers from PTSD from time as contractor in the Middle East

A Moorhead man convicted of trying to run over his wife and daughter was sentenced to 27 months in prison Thursday, despite his tearful statements that he needs to care for his family and suffers from mental issues as a result of his civilian work in Iraq and Afghanistan.

Posted in Afghanistan, Civilian Contractors, Defense Base Act, Department of Labor, Dropping the DBA Ball, Iraq, Melt Down, PTSD and TBI | Tagged: , , , , , , , , | Leave a Comment »

Iraq war veteran, 25, shoots himself after battle with PTSD

Posted by defensebaseactcomp on July 27, 2012

Once every half hour in America, a veteran tries to commit suicide according to VA figures for 2011

We’ll never know how many Civilian Contractor Suicides , how many could be prevented

The Daily Mail  July 27, 2012

On a warm summer afternoon, Michael Ecker, a 25-year-old Iraq war veteran, called out to his father from a leafy spot in their backyard.

Then, as the two stood steps apart, Michael saluted, raised a gun to his head and pulled the trigger.

‘His eyes rolled back,’ his father, Matt, said softly as he recounted the 2009 suicide. ‘There was just nothing I could do.’

Weeks before he killed himself at the family’s home in Champion, Ohio, Michael received a letter from the Department of Veterans Affairs accusing him of ‘over-reporting’ the extent of his psychiatric problems.  Read more here

Posted in ACE, AIG and CNA, Chartis, Civilian Contractors, Defense Base Act, Dropping the DBA Ball, PTSD and TBI, Suicide | Tagged: , , , , , , , | Leave a Comment »

When do CNA’s Deadly Paper Games become outright lies to Department of Labor?

Posted by defensebaseactcomp on July 19, 2012

How about now DOL ????

Documents showed that CNA reported the highest profits margins, taking in nearly 50 percent more in premiums than it paid out in benefits.

CNA’s Deadly Paper Games

After having defaulted on an Order to provide medical to an Injured War Zone Contractor for over 15 months, after denying for six years prior, CNA provides a computer printout to the Department of Labor Claims Examiner who was charged with  investigating this Default.

Not to give undue credit here, the Claims Examiner was trying to remedy the default per her job description, not confirm that they were in default.

Here is a copy and paste of the body of the correspondence, the full document has been forwarded to the DoL IG for investigation along with computer printout they attached.

Dear Mr Lee

Pursuant to Claims Examiners Kristina Hall’s request of January 3, 2012 and as a supplement to our response dated January 9, 2012, please find enclosed a payment printout showing payments issued by CNA International to medical providers regarding Mr. Clark.  The enclosed printout also shows the recent reimbursement payment of $1,270.34.

Defendents will continue to adjust medical invoices when and as received with accompanying medical reports.
Sounds just like they are paying for Injured War Zone Contractors  Medical over the years.  The reimbursement was for Out of Pocket presented in 2009 and clearly 15 months post order.

Problem here is that these payments were not for provided medical.

One is for a final report, not diagnoses or treatment, requested by CNA prior to hearing , that really made the Doctor mad over wasting his precious time, and the rest are for Defense Medical Examination’s.  Pages 3 and 4 were with held  but we suspect they include the parade of DME’s that were demanded.

The very abusive DME’s that were required repeatedly and outside of his geographic area.  The ones that ALJ Paul C Johnson assisted CNA with.

Not only did CNA represent these DME’s as having provided medical care for this Injured War Zone Contractor when in fact they did not, they reinforced the lie by stating that they will continue to do so.

CNA is currently under investigation for just this kind of unlawful and Overly Zealous Defense in denying Defense Base Act Claims

Unless that is, the DoL IG failed to investigate previous requests or are simply failing to provide documents requested under the Freedom of Information Act.

Posted in AIG and CNA, 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, Hope that I die, Interviews with Injured War Zone Contractors, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Veterans, War Hazards Act | Tagged: , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments »

Wade Dill AIG/KBR PTSD DBA Casualty July 16th, 2006

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
here today.
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
and
my daughter without a father.

Our thoughts are with you today Barb

Posted in PTSD and TBI, AIG and CNA, KBR, Misjudgements, Department of Labor, Contractor Casualties and Missing, Racketeering, T Christian Miller, Civilian Contractors, Defense Base Act Law and Procedure, War Hazards Act, Iraq, Dropping the DBA Ball, Defense Base Act Attorneys, Defense Base Act Lawyers, AWOL Medical Records, LHWCA Longshore Harbor Workers Compesnation Act, Veterans, Defense Base Act, Defense Base Act Insurance | Tagged: , , , , , , , , , , , , , , , , , , | 3 Comments »

Nine Years Ago Today, Still getting screwed over by CNA !

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 

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: , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

Defense Base Act War Hazards Act: Overly Zealous Representation in Defending Against a DBA Claim

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

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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

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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

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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

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The use of  Third Party Administrators to handle claims processes that could easily be done without the added expense and fees.

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Unnecessary fines and interest due to non payment or late payment of  indemnity

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The financial ruination of injured contractors and their families caused by the overly zealous controverting of legitimate claims

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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.

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The PTSD Suicides caused by the Insurance Companies, their claims examiners, and their attorneys

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The break up of families caused the constant pressure and abusive tactics used by the Employer/Carrier

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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)

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Unfairly denying the claimants attorneys fees in order to discourage good attorneys from handling these claims

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FECA BULLETIN NO. 12-01

XI. Miscellaneous

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: , , , , , , , , , , , , , , , , , | 7 Comments »

 
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