Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘ALJ Paul C Johnson’

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 »

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 »

The Defense of Freedom Medal Held Hostage by The Defense Base Act

Posted by defensebaseactcomp on May 31, 2012

WHY HAVE I NOT RECEIVED THE DEFENSE OF FREEDOM MEDAL?

The Defense of Freedom Medal is an award held to be the equivalent of the Purple Heart and is awarded to Civilian Contractors injured in the war zones. 

One question we get here repeatedly is why have I not received the Defense of Freedom Medal?   The question comes from severely disabled Civilian Contractors wounded in horrific explosions and insurgent attacks.

WHO IS HOLDING YOUR MEDAL HOSTAGE?

The company you work for is responsible for requesting  that you receive the medal and providing the documentation that you have indeed suffered a qualifying injury.

As all Injured War Zone Contractors know the minute you must file a Defense Base Act Claim you are automatically placed in an adversarial relationship with your employer.   Your Employer and the Defense Base Act Insurance Company are considered equal entities in the battle you have entered for your medical care and indemnity.

Your Employer is required to assist the insurance company in denying your claim.  Under the War Hazards Act the Employer/Carrier must prove to the WHA Tribunal that they have diligently tried to deny your claim.

It appears that your Defense of Freedom Medals could be held hostage by your Employers due to the adversarial relationship the Defense Base Act has created.

When KBR, DynCorp, Blackwater, Xe, et al, provide documentation of your injuries to the DoD they have just admitted that you are indeed injured and to what extent.

Specific information regarding injury/death: Description of the situation causing the injury/death in detail to include the date, time, place, and scene of the incident, and official medical documentation of the employee’s injuries and treatment. The description must be well documented, including the names of witnesses and point of contact (POC) for additional medical information, if needed.

These admissions sure would make it hard for Administrative Law Judges like Paul C Johnson to name them as alleged.   ALJ Paul C Johnson has yet to award benefits to a DBA Claimant in a decision based on a hearing.

KBR who can never seem to find their injured employees medical records holds the key to the Defense of Freedom Medal.

Certainly there are other lawsuits outside of the DBA that the withholding of this information is vital too.

For those of you who still give a damn after being abused by so badly simply because you were injured-

The Defense of Freedom Medal may find you many years down the road once an Administrative Law Judge says you were injured.

We recommend that you contact your Congressional Representative or Senator and have them request this Medal if you qualify for it and would like to have it.

If you are still litigating your claim it SHOULD serve to legitimize your alleged injuries.

Posted in ACE, AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense of Freedom Medal, Department of Defense, Department of Labor, Injured Contractors, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Racketeering, War Hazards Act, Zurich | Tagged: , , , , , , , , , , , , , , , , , | 3 Comments »

Congratulations Dorothy Clay Sims

Posted by defensebaseactcomp on July 5, 2011

Casey Anthony Trial : Not guilty verdict in death of daughter Caylee

Dorothy Clay Sims, whose name DBA Claimants remember for her work in exposing AIG’s infamous Dr G ,Dr John Dorland Griffith, was a major part of the legal team that just secured a not guilty verdict in the Casey Anthony trial.

See

Dr. John Dorland Griffith Exposed, Publicly, Finally

Dr John Dorland Griffith Exposed Case No. 2008-LDA-00287

BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith

Defense Base Act Comp only applauds the work done by Dorothy Sims, and expresses no opinion on the guilt or innocence of Casey Anthony.

Posted in AIG and CNA, Independent Medical Examinations | Tagged: , , , , , | 3 Comments »

How far can you be sent to a Defense Medical Examination ?

Posted by defensebaseactcomp on March 29, 2011

Coercion: the act of compelling by force of authority

Forcing an Injured Contractor to drive or fly far out their geographic area to go to Defense Medical Examinations which are falsely referred to as Independent Medical Examinations is among the most abusive tactics in the insurance companies arsenal.

They are often aided by the Department of Labor’s Claims Examiners going against their own rules and regulations.

ALJ Paul C Johnson even aided CNA by ordering that an injured contractor travel outside his geographic area.  Not because there weren’t plenty of doctors in this injured contractors area, just because CNA’s hired guns were not there.   The injured would lose his claim by not “obeying” this biased order.

What happens when the insurance company defies an order signed by an ALJ to provide medical to an injured contractor?  Nothing.  This is not to say that the order was his idea, we’ve never seen him award anything to anyone in a decision.

It is so blatantly obvious why the insurance company does not simply hire a doctor in the injured contractors geographic area for an unbiased second medical opinion.  They are hiring expert witnesses who will provide them with a report in their favor then provide testimony that will back them up if necessary.

Longshore Procedure Manual

e. The Employee shall submit to any special examination as may be requested by the employer at such place as is designated by the DD but at a place reasonably convenient to the employee.

(See section 7(d) of the Act and 20 C.F.R. sections 702.403 and 702.410.)
20 CFR 702.403 – Employee’s right to choose physician; limitations.
The employee shall have the right to choose his/her attending physician from among those authorized by the Director, OWCP, to furnish such care and treatment, except those physicians included on the Secretary’s list of debarred physicians. In determining the choice of a physician, consideration must be given to availability, the employee’s condition and the method and means of transportation.
Generally 25 miles from the place of injury, or the employee’s home is a reasonable distance to travel, but other pertinent factors must also be taken into consideration.

Injured Contractors have been flown or told they had to drive from as far as five and six states away to see AIG’s Fabulous Four Defense Medical Examiners in Houston or they would lose their claim.

Many of them traveled to see the notorious Dr John Dorland Griffith because their attorney told them they had to.

Threatening an injured contractor with the loss of benefits due them under the Defense Base Act if they do not travel unreasonably to see the insurance companies defense medical examiner/expert witness amounts to Coercion under any legal definition.

Worse, many  injured contractors are not being provided necessary medical by these companies while being coerced into traveling to see these whores.

Posted in AIG and CNA, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, LHWCA Longshore Harbor Workers Compesnation Act, OALJ, Racketeering | Tagged: , , , , , , , , , | 2 Comments »

BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith

Posted by defensebaseactcomp on October 27, 2010

“Rather, the administrative law judge was to assess the weight to be accorded to the medical evidence of record, without substituting his judgment for that of the physicians”

Congratulations to Claimants Attorney
Ralph R. Lorberbaum
Zipperer, Lorberbaum & Beauvais
Savannah, Georgia
on a job well done.

 

TW v SEI

BRB Decision 09-0573

The Benefit Review Board has overturned the ALJ’s denial of benefits in a noteworthy decision that mirrored many of the arguments made in an earlier analysis on the DBA X-files. The decision also reflects a deeper understanding of war-related trauma absent in the Board’s earlier decisions. Better late than never, although this is of little consolation to those who had to pave the way.


1. In this regard, it is undisputed that all of the physicians of record diagnosed claimant with some sort of psychological disorder. Specifically, Drs. van Holla, Reppuhn, Oram and Marshall all diagnosed claimant with PTSD. In addition, Drs. Marshall, Oram, and Reppuhn diagnosed claimant with depression. These are clinical, Axis I, disorders that may respond to medication.

Dr. Griffith, employer’s expert, diagnosed claimant with “personality disorder, not otherwise stated,” which is an Axis II disorder, and malingering. Thus, while Dr. Griffith sctated claimant does not have PTSD or depression, his diagnosis of a personality disorder may support a finding that claimant established a harm for purposes of Section 20(a), 33 U.S.C. §920(a). See generally Wheatley v. Adler, 407 F.2d 307, 313 (D.C. Cir. 1968) (en banc) (a harm occurs when “something unexpectedly goes wrong within the human frame”).

[Goes without saying that Dr Griffith also “diagnosed” TW with malingering (Ed)]

2. The Board’s decision in S.K. [Kamal] v. ITT Industries, Inc., 43 BRBS 78 (2009), is instructive in this regard. In Kamal, the employer contended that, as no doctor had diagnosed the claimant with PTSD or other psychological condition in a manner consistent with the criteria set forth in the DSM-IV, the claimant did not suffer a psychological harm sufficient to invoke the Section 20(a) presumption. The Board rejected the employer’s contention, stating first that the Act does not require use of the DSM-IV in assessing whether a claimant has suffered a psychological harm. Id. at 79-80.

Rather, the administrative law judge was to assess the weight to be accorded to the medical evidence of record, without substituting his judgment for that of the physicians.

Special Thanks to X Files crew at American Contractors in Iraq and Afghanistan

 

See also Dr John Dorland Griffith Exposed

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Defense Medical Examinations, Department of Labor, Misjudgements, OALJ, PTSD and TBI, Racketeering | Tagged: , , , , , , , , , , , , | 8 Comments »

 
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