Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘BRB’

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 »

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 »

All’s Fair in Love and AIG WAR? No Ethics ?

Posted by defensebaseactcomp on March 14, 2012

Defense Base Act Claimants really are in another War Zone when they must file a DBA Claim.

As it turns out many, too many, of the Plaintiff’s own Attorneys are aiding and abetting the enemy

Last January ALJ  Berlin awarded the Dill Widow DBA Death Benefits in a very important PTSD/Suicide Claim.

This claim was denied for five years while Wade Dill’s  widow Barbara’s integrity was brutally attacked as though she had pulled the trigger herself.

KBR refused to supply Wade Dill’s medical records and other reports which would have exposed the state of mind he was in while still in Iraq.  But it is OK to defy discovery if you are AIG/KBR-SEII.  Do not try this yourself, you’ll lose your claim.

Dennis Nalick was the Attorney who brought this claim to a successful decision. 

Barbara Dill’s next Attorney, Bruce H Nicholson, refused to address misinformation in the records saying “you won the claim why would you want to mess with it”.

Mr Nicholson refuted any suggestion that this very important decision would be appealed.  He went so far as to tell the Widow that she should discontinue corresponding with those who assured her it would be.  Bad people we are, just trying to upset her needlessly.

AIG KBR SEII via Michael Thomas appealed the decision.

Mr Nicholson never responded to the Benefits Review Board on behalf of the Widow though he assured her he was on top of it and he and the widow corresponded regularly.

On February 28 the BRB overturned the ALJ’s decision, unopposed.  The widow was not represented at all.

Mr. Nicholson was though, prior to this decision, negotiating a “settlement” with Michael Thomas and AIG which would take this important PTSD Suicide decision out of this WAR as case law for all impending and future PTSD Suicide claims.  The same Mr Nicholson who posted here at the blog in response to the award:

“The decision represents a sound road map for work related contractor suicide claims and is unlikely to be overturned when followed.”

We ask, is no one in this wretched biased system held to any standard of ethical practice?

Mr Nicholson was responsible for representing the Widow and he did not.

Would it not have been a requirement of those who were involved in this to make the widow aware, to speak up?

We do not kid ourselves that this was simply a case of friendly fire.  There was too much at stake here.

Posted in AIG and CNA, AWOL Medical Records, Chartis, 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, Follow the Money, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Suicide | Tagged: , , , , , , , , , , , , , , , , , , , | 3 Comments »

 
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