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Archive for the ‘Veterans’ Category

Mystery lung illness affecting Iraq and Afghanistan veterans

Posted by defensebaseactcomp on November 27, 2012

Due to the large number of contractors contacting us about Lung problems after working in Iraq and Afghanistan we’ll be investigating and posting all information we can find on this topic.  Please forward any information you may have to dbacasualty@yahoo.com.

Channel 4 News from August 2011

US soldiers returning from Iraq and Afghanistan with an apparently untreatable and incurable lung disease are being dismissed as out of shape because tests appear normal, writes Sarah Jones.

A civilian physician who has diagnosed more than 50 soldiers with constrictive bronchiolitis says the life-altering disease is linked to service in Iraq and Afghanistan.

Dr Robert Miller, of Vanderbilt University, says: “This scarring of the small airways in the lungs is common in people who have had bone marrow transplants or lung transplant rejection not people who have passed military fitness exams.

I get shortness of breath and painful burning in my lungs after running just a quarter of a mile, I can’t run any more Dr Sylvia Waters

“What we can say is that this disorder is linked to service in the Middle East. But we haven’t been able to definitively link what the cause is for the black lacy pigment. It’s something that’s inhaled that shouldn’t be there.”

Last month the New England Journal of Medicine published a study by Dr Miller and colleagues which documented the condition of soldiers who had served in Iraq and Afghanistan and were diagnosed with constrictive bronchiolitis.

However, their analysis doesn’t reveal how common the condition is in troops or positively identify the cause of constrictive bronchiolitis in troops.

‘Black lacy pigmentation’

The diagnoses were made after lung biopsies. At least half the soldiers have left the service with a disability rating making them eligible to receive anywhere between $123 to over $3,100 per month depending on the level of their disability and number of dependents.

In certain instances the Department of Veterans Affairs recognises a link between the disorder and service. But compensation is based on pulmonary function testing (PFT) and soldiers with constrictive bronchiolitis have normal PFT results despite having scarring of the airways, black lacy pigment in their lungs and severe exercise limitations.

A further complication is that deployed troops do not receive pre- and post-deployment pulmonary function tests that could help doctors know the extent of lung damage.

Dr Sylvia Waters serves in the US army and is a practicing anaesthetist. She used to run every day but after serving in Iraq she had to give up her passion.

“After a six-month tour in Mosul, Iraq I get shortness of breath and an excruciating burning in my lungs after running just a quarter of a mile. I can’t run any more.”

Army physicians tried routine tests including X-rays, pulmonary function tests and chest CT scans. They tried inhalers and steroid treatments but nothing worked and all tests results kept coming back normal.

At times, Dr Waters says she doubted herself: “I felt like I was going crazy because all these physicians kept telling me everything was coming back negative.

“It was only the fact that I was a physician and I knew other doctors that I even got diagnosed because I don’t know how else I would have done it.”

Please read the entire story here

 

Posted in Afghanistan, Burn Pits, Cancer, Civilian Contractors, Defense Base Act, Iraq, Toxic Exposures, Veterans | Tagged: , , , , , , , , , | 1 Comment »

Thank You Veterans

Posted by defensebaseactcomp on November 11, 2012

Thank you to all who served 

With a special thank you to those who served again

and were sold out to

AIG, CNA, and ACE

by the US Government

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: , , , , , , , , , , , | 1 Comment »

Burn Pits Claims

Posted by defensebaseactcomp on November 4, 2012

Breathing dust, fumes and other and other toxic substances, exposed troops deployed overseas, and those who worked for government contractors abroad and other civilians, to a serious hazards. Some of the chemicals were very toxic carcinogens and are deadly.

At US Senate hearings it was revealed that the toxic carcinogen, Sodium Dichromate (CAS 10588-01-9), was spread across a ruined water-injection facility in Qarmat Ali, Iraq, when the soldiers were there in the spring and summer of 2003. Thousands of individuals may have been exposed.

A simple evaluation may assist in assessing your exposure and disease which includes: a history which characterized the exposure and preexisting medical conditions of each individual exposed; a physical exam that identified any findings potentially related to a chromium exposure, and medical tests including blood, urine, chest X-ray, and a breathing test (called a pulmonary function test).

An exposure to this chemical may produce:

  • Chronic health effects
  • Lung and throat cancer
  • Blisters and deep ulcers
  • Damage to the septum
  • Skin allergy
  • Asthma-like allergy
  • Kidney damage.

As a supporter for the improved health and welfare of individuals against hazardous occupational and environmental exposures, Jon L. Gelman advocates for changes in safety standards and safer use of chemicals. If you have been exposed to burn pit dust, smoke or fumes or Sodium Dichromate, contact Jon Gelman via e-mail or call +1 973-696-7900.

Please see the list of known Burn Pit locations here

Posted in Burn Pits, Cancer, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Lawyers, Department of Labor, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Toxic Exposures, Veterans | Tagged: , , , , , , , | 1 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 »

Veterans Day 2012 Poster Available

Posted by defensebaseactcomp on September 28, 2012

THANK YOU VETERANS

Click here to go to Veterans Day Poster Gallery

Posted in Civilian Contractors, Veterans, Veterans Affairs | Tagged: , , | 1 Comment »

VA Cost of Living Increase Blocked in the Senate by “unknown” Senator

Posted by defensebaseactcomp on September 28, 2012

Our guess, and it’s only a guess is Johnny Isakson

 Bergmann and Moore  September 27, 2012

http://www.gpo.gov/fdsys/pkg/BILLS-112hr4114eh/pdf/BILLS-112hr4114eh.pdf

After passing the House of Representatives, the Cost of Living Allowance (COLA) increase for VA benefits was blocked in the Senate by an unknown Senator, according to Senate staffers who alerted Bergmann & Moore.

The Veterans COLA affects a number of key benefits for veterans: disability compensation, pension as well as survivor benefits. The uncontroversial bill adjusts VA benefits to keep up with inflation and easily passes Congress each year.

Until now.

Paul Sullivan, a Gulf War veteran and Director of Veterans Outreach for Bergmann & Moore, LLC, a law firm concentrating on VA disability law, said, “This secret hold is unconscionable: it will take up to $500 next year out of the wallets of disabled veterans and their families: money they need to pay their rent and put food on the table for their children.”

According to a statement this afternoon from Senator Patty Murray, Chairman of the Senate Veterans Affairs Committee, blocking the bill will reduce benefits starting in January for 3.9 million veterans and their survivors.

Please read the entire post at Bergmann and Moore

Posted in Veterans | Tagged: , , , , , | Leave a Comment »

Burn Pit Lung Condition Added to Social Security List of Compassionate Allowances

Posted by defensebaseactcomp on August 12, 2012

Jon Gelmans Workers Compensation Blog  August 11, 2012

The Social Security Administration has added to its list of compassionate allowances a pulmonary condition that has been identified as arising out of exposures to burn pits fumes and dusts in Iraq and Afghanistan.

The pulmonary disease, constrictive bronchiolitis, is also called obliterative bronchiolitis or bronchiolitis obliterates. Medical research has been identified the medical condition as being causally related to exposures to dust and fumes in Iraq and Afghanistan.

Compassionate Allowances (CAL) are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate Allowances allow Social Security to target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly. Compassionate Allowances is not a separate program from the Social Security Disability Insurance or Supplemental Security Income programs.”

Click here to read more about burn pit claims for benefits and lawsuits.
Click here to request further information

Posted in Afghanistan, Burn Pits, Cancer, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Department of Labor, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Toxic Exposures, Veterans, Veterans Affairs | Tagged: , , , , , , , , , , , | 2 Comments »

Mesothelioma, Toxic Exposures, Veterans and Civilian Contractors

Posted by defensebaseactcomp on August 9, 2012

Mesothelioma and Veterans,  Civilian Contractors

Guest Post By Douglas Karr    August 9, 2012

Military members are exposed to plenty of risks that the average person would never have to deal with. In addition to the traditional dangers faced by military personnel, they are also at a higher risk for exposure to harmful substances. This is why military veterans need to be conscious of their risk for developing mesothelioma. This dangerous and rare cancer is caused by prolonged exposure to asbestos. Most people never come into contact with asbestos. Veterans have more exposure, especially when they go abroad. A veteran needs to keep an eye out for symptoms in order to catch the problem early.

Exposure Through Overseas Deployment
Veterans are at much higher risk of mesothelioma when they are sent overseas. This is especially true in the age of urban warfare. Asbestos can most often be found in older buildings. Though most American buildings have been purged of the substance, this is not the case with many older buildings in places like Iraq. In urban warfare, these older buildings are often destroyed in firefights and air attacks. When that happens, the asbestos can make its way into the air, causing damage for any person who is forced to breathe it in.

The big danger for veterans in these areas is that they often do not know that they’ve been exposed. If you are simply walking through the streets of Iraq, you have no way of knowing what things you are breathing in. This can produce a significant risk. Those individuals who have served their country in Iraq should keep their eye out for the earliest signs of the disease. Though it is rare and most people will not develop mesothelioma, it is worth considering. Even short periods of exposure can be harmful in many instances.

The Military Functions That Bring About Asbestos Exposure
Not all military personnel are at the same level of risk. As veterans can attest, the military employs many different kinds of professionals. Not every person is out fighting on the front lines. Some people are directed with destroying buildings, while others are involved in construction. In the past, people have done milling or mining. These are jobs and functions that bring about much more risk. A report from the Department of Veterans Affairs confirms this heightened level of risk. That report indicates that any individual who has been involved in these special functions should be on the lookout for difficulties.

Understanding What Mesothelioma is All About
A veteran who is concerned about exposure should understand what to look for. It is a debilitating form of cancer that can move quickly. At its core, the cancer works on the chest and respiratory system. It can cause pain in that area and it can cause shortness of breath. People who notice intense amounts of pain or any blood in their mucus should be wary. It is important to catch this cancer at its earliest stages because it has a tendency to take hold in a hurry.

Posted in ACE, Afghanistan, AIG and CNA, Cancer, Civilian Contractors, Defense Base Act, Department of Labor, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Toxic Exposures, Veterans | 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 »

Attention ALJ’s, Department of Labor, Defense Base Act Insurance Companies: It’s Official, The Iraq War was Dangerous for Everybody

Posted by defensebaseactcomp on July 27, 2012

Texas District Court Rules Iraq War Not Life Threatening

Eyesslinck VS Ronco Consulting:  Injustice Prevails

Many Civilian Contractors were sent to Post War Iraq in 2003 with little consideration for their safety even after it became clear that the Mission had not been Accomplished.  

Due to the Defense Base Acts Exclusive Remedy Contract Companies and those they take orders from never had to be concerned with Threat Mitigation, no cost to them when an employee is killed or injured.  Taxpayer picks up the tab, Contract Company puts another warm body in place.

When is our Government going to put it’s people before Profit

Lessons for Consideration from SIGIR Special Report #2

SIGIR identified two lessons for consideration.

1.  Reconstruction or stabilization operations conducted in combat zones present  potentially lethal threats to all participants, including military, contractors, U.S.  government civilians, third-country nationals, and host country citizens.        Planning for  such operations must anticipate this threat.

Reconstruction or stabilization operations are sometimes described as “soft,” “non-kinetic,” or “non-lethal” missions, but when they occur in a combat zone, these characterizations are a misnomer.   The human losses suffered in Iraq (and outlined in this report) underscore the point that when such operations are conducted in combat zones, they are dangerous for everyone involved, military and civilian, U.S. and non-U.S. alike Given the broad risks inherent in such operations, leaders and planners should consider threat mitigation when deciding to conduct reconstruction or stabilization operations missions in combat zones.

2.  Poor casualty data management during reconstruction or stabilization operations  obscures the actual human cost of such operations.       Reliably integrated databases must be developed and implemented prior to commencing future reconstruction or  stabilization operations.

One measure of the cost of reconstruction or stabilization operations is the number of casualties suffered.  Without accurate records, there cannot be a reasonably complete evaluation of the human cost of reconstruction or stabilization efforts.  U.S. agencies involved in such missions should develop systems that effectively track all casualty data related to stabilization or reconstruction operations.

Posted in ACE, AIG and CNA, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Department of Labor, Dropping the DBA Ball, Exclusive Remedy, Iraq, Political Watch, Veterans | 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 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, Department of Labor, Dropping the DBA Ball, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, PTSD and TBI, Racketeering, T Christian Miller, Veterans, War Hazards Act | 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

—————————————————

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

—————————————————

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

—————————————————-

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

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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)

—————————————————

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

————————————————–

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 »

Iraq releases Former Marine, DynCorp Civilian Contractor, Michael Copleland’s body after dispute

Posted by defensebaseactcomp on June 26, 2012

The body of an Oklahoma contractor who was found dead in Baghdad is being flown back to the U.S. after a two-week bureaucratic debate over whether the Iraqi government would perform an autopsy on his remains.

Tulsa World  June26, 2012

Officials say Michael David Copeland, 37, of Colbert in southern Oklahoma, is one of the first Americans working for the U.S. government to die in Iraq this year. He was found unresponsive June 9 in his living quarters. Foul play is not suspected in his death.

Copeland previously served in the Marines and later with the Oklahoma Air National Guard. He was a contractor with DynCorp International at the time of his death.

Copeland’s case is a snapshot of the new reality of working in Iraq for Americans who, over the years, were accustomed to vast privileges and influence that disappeared when U.S. troops left last December.

Iraq agreed to release the remains of the Oklahoma man after negotiations with the U.S. Embassy in Baghdad. His body was flown out of Iraq Tuesday afternoon.

Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Dyncorp, Iraq, Political Watch, State Department, Veterans | Tagged: , , , , , , , , | Leave a Comment »

 
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