Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘Defense Base Act Attorneys Fees’

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 »

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

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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

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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

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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

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

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Unnecessary fines and interest due to non payment or late payment of  indemnity

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The financial ruination of injured contractors and their families caused by the overly zealous controverting of legitimate claims

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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.

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The PTSD Suicides caused by the Insurance Companies, their claims examiners, and their attorneys

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

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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)

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Unfairly denying the claimants attorneys fees in order to discourage good attorneys from handling these claims

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FECA BULLETIN NO. 12-01

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.

CECILY A. RAYBURN
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 »

Defense Base Act Attorneys: Attorney’s Fees

Posted by defensebaseactcomp on June 21, 2012

The Defense Base Act provides for claimants fees to be paid by the Insurance Company.

See Who Pays your Defense Base Act Attorney Fees ?

Why then would Defense Base Act Attorneys either charge their DBA clients on a contingency basis, by the hour, or take their fees out of a settlement amount ?

And why would you let them?

Posted in 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, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Uncategorized | Tagged: , , , , , , , , | 2 Comments »

Department of Labor holding Defense Base Act Claims Hostage

Posted by defensebaseactcomp on October 20, 2011

The Department of Labor has been denying Defense Base Act Claimants the informal hearings that are required under the Act in order for your attorney to get paid among other things.

The Department of Labor itself made it very clear that an informal hearing must be held and a Claims Examiner must recommend that a claimants attorney be paid.

The Informal Conference is an integral step in the drawn out process claimants must endure.  The DoL Claims Examiner’s recommendations are only acted upon if they go against the injured contractor but still the Informal must be held.

But for many months now the Department of Labor has been denying claimants Informal Conferences. We have no way of knowing how many claims are being held hostage on the desks of the District Directors and Claims Examiners.

Claimants in this Administrative Law System are already being denied many of their constitutional rights.  Claimants are suffering ever more serious and permanent injury due to a lack of medical care while the DoL sits on their claims.

How many claimants with untreated PTSD and TBI will commit suicide during this Department of Labor embargo?

Is this not physical abuse and how much more of it before this is considered denial of “Due Process” ?

Due process is best defined in one word–fairness. Throughout the U.S.’s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.

Defense Base Act Claimants have fewer rights under the law than convicted criminals.

Posted in ACE, AIG and CNA, Civilian Contractors, DBA Attorneys Fees, 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, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Liberty Mutual, Political Watch, PTSD and TBI | Tagged: , , , , , , , , , , , , | 2 Comments »

Who Pays Your Defense Base Act Attorneys Fees: Dante replies to Gary Pitts

Posted by defensebaseactcomp on October 18, 2011

Who Pays Your Defense Base Act Attorneys fees  to see the original thread with comments

Gary B. Pitts said

October 15, 2011 at 5:11 am e

Mr. “Dante,” does not identify himself, but his allegation is in every respect a a lie. I have never represented any client who had an email address address or referred to himself as “Dante.” I have never been paid any money from any Defense Base Act client ever. If they win or settle a DBA case, attorneys representing DBA clients get paid whatever the U.S. Dept. of Labor orders the insurance company to pay them, usually years after beginning work on the case. If there were a lot of money in handling these cases there would be a lot of attorneys handling them. There are very few who are willing to handle them. If Mr. “Dante” will be kind enough to identify himself and his address to me, I will be happy to consider suing him for libel.

Gary Pitts

Dante replies with (forwarded):

Posted in 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, Department of Labor, Follow the Money | Tagged: , , | 6 Comments »

 
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