Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘DBA Insurance Companies’

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


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


The use of  Third Party Administrators to handle claims processes that could easily be done without the added expense and fees.


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


The break up of families caused the constant pressure and abusive tactics used by the Employer/Carrier


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



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.

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 »

Intimidation Tactics by CNA Claims Adjusters and Third Party Medical Providers

Posted by defensebaseactcomp on August 16, 2010

Disclaimer:  This post is regards those injured contractors who were so badly mutilated and incapacitated that they required home health care services after leaving the hospital.  Also those injured contractors in UK, South  Africa, and Australia that CNA calls their Tacticor Dogs on.  These abusive tactics are not limited to CNA, but today, we aim directly at them.  May they get what is due them.

We’re betting that none of you injured contractors or your  family members ever dreamed that in the event you or you loved one was injured in Iraq or Afghanistan that the Cost Cutting Risk Managers at CNA were going to attempt to control your life and your health care.

We have thoroughly read through the LHWCA and DBA and nowhere does it say that DBA Insurance is a HMO or any other kind of managed medical plan.  Nor does it say they can make medical decisions for you.

But trust that as soon as CNA is notified that you are injured you now have double trouble.  CNA now has control of your health care, not to mention your finances, under the pretense of being qualified to determine what kind of medical care you require.  Never mind what the doctor ordered.

If CNA is intimidating your wife and family by threatening to have you removed from your home because your family is questioning the health care and the third party medical provider about the services you are enduring


This is a standard intimidation tactic used by CNA

You do not have to allow them into your home, you do not have to allow them in the examining room at the doctors office.  You may choose your own doctor, not Tacticor’s, not CNA’s.

You did not become their property, do not have to put up with their intimidation tactics and harassment.

Video, record, and email, no telephone calls that cannot be documented.

Remember, if you are this badly injured your death benefits, if your family ever gets them, are worth much less than your long term care…….

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Follow the Money, Hope that I die, Injured Contractors, PTSD and TBI | Tagged: , , , , , , | 4 Comments »

VA Official at Claims Summit: VA’s Disability Claim System “Cannot be Fixed”

Posted by defensebaseactcomp on March 23, 2010

AIG and CNA get off the hook while many of  you are forced into this overburdened VA Health System.   Some, even one of your DBA Lawyers suggested to Congress that Injured Civilian Contractors use the VA system rather than make the DBA insurance companies pay for the benefits they took premiums for.

At Veterans for Common Sense

March 18, 2010, Washington, DC (Federal Times) – Bailing wire and bandages cannot save the veterans’ disability claims process, the Veterans Affairs Department’s chief technology officer said Thursday at a roundtable discussion about ways of cutting the growing backlog of claims and improving accuracy.

“In my judgment, it cannot be fixed,” said Peter Levin. “We need to build a new system, and that is exactly what we are going to do.”

Levin’s comments came at a meeting organized by the House Veterans’ Affairs Committee to toss around ideas for repairing a system that has a backlog of about 1.1 million claims awaiting decisions and an error rate on claims of 17 to 25 percent, depending on who is counting.

Rep. Bob Filner, D-Va., the veterans’ committee chairman, described the system as an “insult to veterans” who, on average, wait six months for an initial decision on benefits and who can wait for years if the decision is appealed.

“It looks like we are going backwards rather than forward,” Filner said. “No matter how much we raise the budget, no matter how many people we hire, the backlog seems to get bigger.”

“People die before their claim is adjudicated. They lose their home. Those lost their car,” Filner said.

Posted in AIG and CNA, PTSD and TBI | Tagged: , , , , , | 6 Comments »

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