Defense Base Act Compensation Blog

The Modern Day DBA Casualty

DBA Defense Tricks

It’s become clear the  DBA Defense Lawyers use the same  DBA Defense Lawyer Dirty Tricks repeatedly.  Are these tricks thought up by the Insurance Company or the Lawyer and does it matter? The Defense Lawyers are enabling the fraudulent and unethical practices of AIG and CNA.

Maybe by listing them all here the ALJ’s will begin to recognize them and not reward the DBA Defense Lawyers with repeated continuances and ever more chargeable hours.

And maybe some of the plaintiff’s lawyers will stop going along with them.

For those who are not aware your lawyer and the defense lawyer discuss your claim on the phone, make agreements this way, but nothing is documented.  You should demand that all correspondence between your lawyer on your behalf and anyone is else is on paper, documented and that you receive a copy of it.  That in itself would put an end to some of these tricks.

We’ve been forwarded some correspondence between them that would run your blood pretty hot.

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Arrange for a “Settlement Conference” with an ALJ  under the deceitful guise that  you are prepared to settle a claim.  There can be huge travel expenses not to mention the time of the ALJ.  Show up and start off by saying there will be no settlement.  We do not settle War Hazard Claims, that would amount to loaning the government money for the time it takes us to recover it.  This is CNA by the way.

CNA also lies to claimants and their attorneys and ultimately to the ALJ when arranging for a
“Settlement Conference” and saying that the starting figure for negotiations will be at least the highest figure from
last time they pulled this bs.  But after everyone goes through the time and expense to travel to this bogus “Settlement Conference” CNA’s Attorney claims he is only authorized to offer a figure much much lower.
We sure hope that someone at the OALJ’s office is getting tired of this expensive scam.

Remember that it only cost the insurance company .24 to .25 percent to withhold funds that they are obligated to pay you for years on end.   The Attorneys are more than happy to waste the taxpayers money.

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Cancel Depositions on the injured contractors neurologist or other doctor important to the claim.  Then whine to the ALJ that they don’t have the depositions they need for the the hearing.

When the injured contractors lawyer arranges a deposition on the same doctor the defense lawyer takes it upon himself to cancel that too.  This is a true and recent story.

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Arrange a Defense Medical Examination for an injured contractor but cancel it without telling them.  Injured Contractor shows up for appointment that doesn’t exist.   Defense Lawyer claims that injured contractor refused to attend the Defense Medical Examination.

Arrange Defense Medical Examination without consulting injured contractor as to availability, refuse to change the date, then tell the judge the injured contractor failed to show up for DME.

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Refer to a Defense Medical Examination as an Independent Medical Examination.

The insurance company is entitled to have an injured contractor see a doctor of their choice, within reason, but these examinations could never be considered Independent.  Only the DoL can arrange for an Independent Medical Examination and there are strict guidelines to follow when they do this.  No hired guns.

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Claim they want to settle with an injured contractor, make an offer, walk away from the table.   Do it again.  This adds months and months of delays to the process.

Come to an agreement with an injured contractors  lawyer for XX a month and medical for life.  Write it up full of mistakes and ommissions (like the medical for life) which would be extremely detrimental to the injured contractor.  Send it to the injured contractors lawyer, who he is pretty sure won’t bother to read it, and he doesn’t.

Then claim to the DoL that the injured contractor would not negotiate.

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Make sure that all paperwork  to the DoL gives the appearance that the injured contractor is not being cooperative and anything else negative .  This may seem benign but it is direct reflection on you and your credibility.

This is very easy to do when the injured contractor does not see any of this paperwork.

Once you’ve been to a  hearing your claim file is an important part of the Judges decision making process and you will not be there to defend yourself.

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Don’t pay the bills to the doctors that you authorized.   It looks like you’ve complied but the doctors get tired of not being paid and will not see the injured, nor will they take on other DBA Casualties.

These unpaid medical bills all go on the injured contractors credit report.  In the case of Landstuhl and Walter Reed bills they show up as a serious delinquency to the Dept of Treasury.
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13 Responses to “DBA Defense Tricks”

  1. Valerie Haysom said

    Just an FYI to all re: the last paragraph re: unpaid bills at Landstuhl.
    They did this to my husband. We recieved a bill from the DOD for over $28,000.00 When we called the DOD we were told to contact Landstuhl. Which we did. We then recieved a letter from the Treasury dept saying they were going to take 2/3rds of Jeff’s social security disability check to pay the debt. We were given the run around at the DOD and the Treasury Dept. If we had not contacted our Senator (she did get this straightened out) then we would have been in real financial trouble!

    • There is the classic dirty trick not only your own attorney may come at you with, but the insurance company attorney’s are well known for. First your attorney will inforrm you that “They” want to settle, and then your informed that if you don’t you’ll have to pay back thousands of dollars of “Over payments”. Also that your checks will stop. This is a “Trap”, and it should tell you that your attorney is sold out and working with the insurance company because there is no more money to be made off of you and your injury that your attorney can claim for court appearances. Don’t be cornered and threatened. Tell your attorney you want a “”Hearing of Modification”, and absolutely seek another doctor if you feel that your not at ‘Maximum medical improvement” and don’t know why your treating doctor is saying so. It’s because he sold out and was contacted that he would not be paid for your continued treatments, and would have to be in continued courts, and testify. It is a “Trap”, find another doctors opinion even if you pay him yourself, and do everything you can, day and night to find another lawyer.

  2. anonymousonpurpose said

    How about making under the table deals with DBA lawyers who then do not even file any evidence for their clients, make no attempt at a final brief, ignore every request from their client, and treat them like they are little children who have misbehaved and should just sit down and shut up all the while they are more than likely taking money from the same bastards they should be fighting in court. How does that sound “Hurt in GA?” You will find you are summoned at some point.

  3. john said

    get this! CNA sent me to an orthopedist for a non orthopedic injury, when the MD said I had no ortho problems CNA stopped paying me!thats dirty pool, anyone have any good advice so I can see my docs without having to pay out of pocket???
    watch for this DBA scam folks!!!!!
    jr

    • defensebaseactcomp said

      That’s regulation pool for CNA.
      You’ll hear from more injured in regards to this.
      It’s a scam alright.

      • john said

        thanks, any help would be great, my lawyer is not working out so i am going to have to find anotherone!

        • brit guy said

          Not bad how’s this send you for a DME get the report. They do not like what it says. Send the report to another doctor who rewrites the report in favour of the insurance company. This doctor has never seen you nor have they read any reports seen any x-rays MRIS CT scans nothing just the report prepared by the examining doctor.

          Now Wait,

          Wait

          Wait

          Guess which one gets presented to the DoL guess which one is constantly referred to at the informal conference guess which report is challenged by the defence attorney.

          Yep you’ve guessed it the DME done by the doctor is challenged by the defence attorney even though they appointed him.
          The rewritten report is the one they claim is accurate even though this doctor has never even seen me

          • defensebaseactcomp said

            This deceitful tactic is utilized over and over.
            Once is awhile a doctor who works for the insurance companies feels it is still their job to be honest regarding injuries and not to be part of denying medical care.
            That must have torked the almighty defense lawyer on this one.
            The Insurance company and their lawyers use bias reports that they have purchased from doctors in their employ and outright lie in many other ways on paperwork they have signed or outright to the ALJ’s face at hearings.
            Some ALJ’s don’t buy it and to them we are grateful.
            Far too many use their “discretionary” capacity to promote the likes of Dr John Dorland Griffith and many other Defense Doctors who place the value of money over that of the life of an injured contractor, their medical care.

  4. jamie conners said

    How many US contractors are located on US Base Manas Krygzystan? How many employers fail to report injuries? How many employees have been terminated due to injuries or reporting them? Which employers are under investigation for this conduct? How much does the DOL and Office of compliance and New York,Florida and Texas District offices know about this and have not sought employers with employees to address these issues and concerns?

    • Brit guy said

      Not just US contractors your insurance industry and your administration crap allover your allies as well.
      The answer is loads on all counts I expect

  5. quentin brooks said

    I wonder how many injured contractors through AIG/longshore had issues with Frank Andronico

  6. In the know said

    I would strongly encourage Texas claimant’s to file a complaint with the Texas Department of Insurance (TDI) consumer protection division. If CNA is handling any part of the claim in Texas, out of state complainants can file as well with TDI.

    It may also be advisable to for Texas claimant’s to contact their elected representative.

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