Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘ALJ’s’

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 »

My Defense Base Act Attorney is not responding to my calls or emails

Posted by defensebaseactcomp on April 27, 2011

AWOL DBA Attorneys

This is a complaint we hear everyday from Injured Contractors.

There are different reasons why this may be happening to you but trust that none of them are good.

Do not wait to hear from an ALJ or the DoL that your claim has been lost or severely damaged due to missing a deadline or not having been filed properly.

If your DBA lawyer is not responsive to your questions and not keeping you updated on the status of your claim you need to contact the Department of Labor yourself to check up on the status of your claim.

Always be certain that the DoL has a current, accurate, address for you so that you will receive copies of all actions being taken on your claim by both sides.  If you do not understand what the paperwork you receive means you need to find out right away.     Often there are 10 day deadlines for responding that must be met.

Always stay on top of your DBA Claim yourself, always.

Posted in Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, Dropping the DBA Ball, LHWCA Longshore Harbor Workers Compesnation Act, OALJ | Tagged: , , , , , , | 10 Comments »

Danger: Never attend an Insurance Company Second Opinion Unarmed

Posted by defensebaseactcomp on July 27, 2010

Never attend any medical or psychiatric evaluation on behalf of the DBA insurance company without your lawyer or an advocate that your attorney provides and

Never attend one of these without a videographer.

NEVER

The Insurance Company may have you see a doctor of their choice for a second opinion.  While you must attend these you are afforded many rights under the DBA that are being ignored at your expense by YOUR attorneys, the DoL, and the ALJ”s.   Ask your attorney what your rights are.

This is especially important if you are a TBI or PTSD patient.  You will need an advocate with you at all times who is able to protect you from inappropriate questioning and intimidation tactics.

You are required to attend, you must cooperate within the “scope and purpose” of the examination as it relates to the aspect of your claim you are being examined for.

Your lawyer, your advocate, and your video of the examination are your only defense against manipulative and deceitful Doctors who are paid by insurance companies to help deny your claim.

Shame on you DBA attorneys who send your unsuspecting clients into these ambushes blind, far from their geographic area, without the scope and purpose of the examination clearly defined, on short notice and without even checking the credentials and backgrounds of these insurance company whores.

And even more worrisome are the ALJ’s who set aside the rights afforded the claimant under the very rules and regulations used to set up these deceitful exams on behalf of the insurance company.

Never attend an Insurance Company Second Opinion Unarmed

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Misjudgements, OALJ, Political Watch | Tagged: , , , , , , , , | 4 Comments »

Doctors Who Work for Insurance Companies

Posted by defensebaseactcomp on July 5, 2010

ACIIA Doctors Who Work for Insurance Companies

What kind of Doctor would find it necessary to supplement their income by performing  Second Opinion Medical and Psychiatric Examinations on Disabled Veterans and Contractors, often one in the same ?

These second opinions are normally used against the injured contractor to deny benefits.  Often payments are discontinued immediately after one of these “second opinion’s” based solely on this report despite treating physician reports that are in direct conflict.  It can take years and years before a contractor will have the opportunity to dispute these purchased reports.

Why would the insurance company insist that you travel far out of your geographic area to see one of their doctors as opposed to  choosing  one of the many available in the town or even state that you live in?  The DoL and some ALJ’s even support this abusive practice.

Would you put your life in the hands of a Doctor who chose to work for AIG, CNA, or ACE ?  They do have a choice….

The crew over at American Contractors in Iraq and Afghanistan think that people who might unwittingly choose one of these doctors to be their treating physician someday ought to know who they work for.

You can give them a hand by visiting their page and letting them know who AIG, CNA, ACE paid to provide a second opinion on your disabilities. DME Doctors

But please feel free to discuss insurance companies hired gun doctors here.

Insurance Company Drs. Paid to Second-Guess Disabled Veterans and Contractors

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Follow the Money, Political Watch, Racketeering, Zurich | Tagged: , , , , , , , | 6 Comments »

US Independence Day 2010 Injured War Zone Contractors in Extreme Distress

Posted by defensebaseactcomp on July 3, 2010

We fly our  flag upside down today as a signal of the

Dire Distress and  Extreme Danger to Life and Property

We Injured Overseas Contractors and our families find ourselves in.

Many of you  have lost your health far past your original injuries due to a lack of health care,

your homes due to denial of financial benefits,

and your families  to the stress these hardships put upon everyone

despite the DBA insurance premiums that were  paid by the taxpayer

to assure this would not happen.

The Executive Branch of our government , both current and past,   sold us out to the

Defense Base Act Insurance Companies.

The  Department of Labor and it’s Administrative Law System

boldly defy the law and regulations and aid the insurance companies in their efforts to deny us.

Our  Judicial Branch is no longer  ours to utilize

Our Legislative Branch is missing in action

Would our forebearers who fought so hard to gain the Independence

Declared July 4, two hundred and thirty  four years ago  today,

have done so just to be pawns to AIG, CNA, ACE, Zurich….. ?

We are no longer Independent

This is not Freedom from Tyranny

Our lives are  controlled by Corporate interests who value no life beyond their own

Who cast off our Veterans, Our Patriots,  Our Allies

their children

Delay, Deny, Hope that we die

The upside down U.S. flag is an official signal of distress. It is not meant to be, and is not officially recognized as any type of disrespect when so displayed for the right reasons. To the contrary, here is the relevant part of the US Code of Laws regarding how to fly the flag when in distress:

THE FLAG CODE
Title 36, U.S.C., Chapter 10
As amended by P.L. 344, 94th Congress
Approved July 7, 1976

§ 176. Respect for flag: No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the union down,

except as a signal of dire distress in instances of extreme danger to

life or property.

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Exclusive Remedy, Political Watch, Zurich | Tagged: , , , , , , , , , | 2 Comments »

Claimant “alleges” he was injured……

Posted by defensebaseactcomp on July 1, 2010

Alleged Injury

Posted in Department of Labor, Misjudgements | Tagged: , , , , , , , | 7 Comments »

Deposition by telephone: Hello, are you there Dr. Griffith?

Posted by defensebaseactcomp on July 1, 2010

Does  AIG’s  discredited  Defense Medical Examiner Dr. John Dorland Griffith sit in on doctor’s  depositions that are done by telephone?

Does he not announce his presence?

Do the Defense Attorneys not admit on the record that someone else was listening in?

How would you know if something like this had happened in a deposition on one of your doctors?

This would be wrong, right?

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Misjudgements, Political Watch, Racketeering | Tagged: , , , , , , , , , , , , | Leave a Comment »

Senate Passes PTSD Awareness Day Resolution

Posted by defensebaseactcomp on June 26, 2010

Contributed by Brit Guy

Click on the Defense Centers of Excellence link.

The 6/27/2010 is PTSD awareness day.

Senate Passes PTSD Awareness Day Resolution

Hey we nearly missed it!!  They passed the resolution yesterday just in time for tomorrow.

Funny that you have an awareness day for something that the ALJs and insurance companies claim does not exist.

Does this mean that Congress are going to pass a law saying that it has to be recognized? Does this mean that all those denied treatment in the past will now get the help they need?

Are the Judges and insurance companies along with their bogus dubious doctors going to be forced to apologize to the loved ones of those people for who it has come too late?

Or as I suspect is this just another political stunt for public consumption without substance.
Let us hope for those suffering we do not have to wait to long to find out.

To you Daffodils I agree may those who put profit before care rot in hell.

To me they are worse than the terrorists as you expect them to stab you in the back.

You do not expect that from those who we signed up to protect

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Misjudgements, PTSD and TBI | Tagged: , , , , , , , , | 2 Comments »

2010 Annual Longshore Conference

Posted by defensebaseactcomp on June 20, 2010

The BRBS Longshore Reporter Staff provides a summary of the recent LHWCA/DBA 2010 Conference in New Orleans.  For a reminder of how heavily biased toward the defense this Department of Labor sponsored  Conference was  AGAIN see:

Loyola Annual Longshore Conference 2010- Overwhelmingly for the Defense again

From the Summary

“On March 18 and 19, 2010, the Annual Longshore Conference put on by Loyola University and the United States Department of Labor was held in New Orleans. Despite the current state of the economy in the United States, a record turnout of over 310 people attended.  Included in the attendees were Acting Chief Judge Stephen Purcell and Acting Associate Chief Judge Daniel Sutton. Also attending were judges from California to Covington as well as several District Directors of the OWCP. The conference was dedicated to the Honorable John M. Vittone, who retired recently as Chief Judge of the United States Department of Labor, and conference planners also thanked him for his years of service and dedication to the conference.”

Apparently times are good for all involved in the DBA except the claimant.

You won’t find any answers but you can read what topics were deemed most noteworthy here.

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Political Watch | Tagged: , , , , , , , , , | Leave a Comment »

Required Reading for ALJ’s and Claimants Lawyers, Vicariously experienced traumas

Posted by defensebaseactcomp on June 30, 2009

Assessing Combat Exposure and Post-Traumatic Stress Disorder
in Troops and Estimating the Costs to Society

Implications from the RAND Invisible Wounds of War Study

http://www.rand.org/pubs/testimonies/2009/RAND_CT321.pdf

‘Major depression is often not considered a combat-related injury;

however, our analyses suggest that it is highly associated with

combat exposure and should be considered in the spectrum of

post-deployment mental health consequences.’

‘Assuming that the prevalence found in this study is representative of

the 1.64 million servicemembers who had been deployed for OEF/OIF

as of October 2007, we estimate that as of April 2008 approximately

303,000 OEF/OIF veterans were suffering from PTSD or major depression.

We also found that some specific groups, previously underrepresented in

studies — including the Reserve Components and those who have

left military service—may be at higher risk of suffering from

these conditions.

Vicariously experienced traumas (e.g., having a friend who was

seriously wounded or killed) were the most frequently reported.

About 10-15% of OEF/OIF veterans reported NO trauma exposures,

and about 15-20 percent reported exposure to just ONE event

(largely death or injury of a friend), so most (close to 75 percent)

reported multiple exposures

.Compare these findings to those of the ALJ’s who are giving these

cases to AIG and CNA    The DBA X Files

Posted in Uncategorized | Tagged: , , , , , , , , | 2 Comments »

 
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