Defense Base Act Compensation Blog

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Posts Tagged ‘Defense Base Act Insurance Companies’

PTSD, TBI, and Early Aging- War might be making young bodies old

Posted by defensebaseactcomp on September 6, 2012

If what they’re seeing is a form of early aging, it seems most common to those with both blast-related concussion and PTSD— about 30% of the veterans being studied in a long-term research effort.

There is even imaging evidence of diminished gray matter in high-functioning areas of the brain, changes that shouldn’t happen for decades, if at all.

by Gregg Zoroyo USA Today  September 6, 2012

Civilian Contractors are provided much less care for these conditions and normally long after the fact, if at all.

BOSTON – A litany of physical or emotional problems spill out as Iraq and Afghanistan veterans make their way, one by one, to the 11th floor of a VA hospital in the Jamaica Plain neighborhood.

The tragic signs of post-traumatic stress disorder or battlefield concussion are all too evident. Even more alarming for researchers is emerging evidence that these newest American combat veterans — former GIs and Marines in their 20s and 30s — appear to be growing old before their time. Scientists see early signs of heart disease and diabetes, slowed metabolisms and obesity — maladies more common to middle age or later.

“They should have been in the best shape of their lives,” says William Milberg, a Harvard Medical School professor of psychology and project co-director. “The big worry, of course, is we’re going to be taking care of them until they’re in their 70s.

What’s going to happen to them in the long run?”

Please read the entire story at USA Today

 

Posted in Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Department of Labor, Injured Contractors, Political Watch, PTSD and TBI | Tagged: , , , , , , , , | Leave a Comment »

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 »

Iraq war veteran, 25, shoots himself after battle with PTSD

Posted by defensebaseactcomp on July 27, 2012

Once every half hour in America, a veteran tries to commit suicide according to VA figures for 2011

We’ll never know how many Civilian Contractor Suicides , how many could be prevented

The Daily Mail  July 27, 2012

On a warm summer afternoon, Michael Ecker, a 25-year-old Iraq war veteran, called out to his father from a leafy spot in their backyard.

Then, as the two stood steps apart, Michael saluted, raised a gun to his head and pulled the trigger.

‘His eyes rolled back,’ his father, Matt, said softly as he recounted the 2009 suicide. ‘There was just nothing I could do.’

Weeks before he killed himself at the family’s home in Champion, Ohio, Michael received a letter from the Department of Veterans Affairs accusing him of ‘over-reporting’ the extent of his psychiatric problems.  Read more here

Posted in ACE, AIG and CNA, Chartis, Civilian Contractors, Defense Base Act, Dropping the DBA Ball, PTSD and TBI, Suicide | Tagged: , , , , , , , | Leave a Comment »

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 »

Defense Base Act: What is a Settlement ?

Posted by defensebaseactcomp on June 21, 2012

A settlement is when the insurance company pays you a lump sum amount to close out your indemnity, your medical, or both.

It is only a settlement when you are paid a lump sum amount of money and you are done with the insurance company.

Nothing else is a settlement.

An agreement based on stipulations to pay you XX amount of money every month is not a settlement, your claim is not then settled.

And an agreement to provide your medical for your agreed upon injuries does not mean your medical is settled.  In fact it means you will continue to litigate

But these agreements do allow the Insurance Company to seek reimbursement under the War Hazards Act as though they were settled

Posted in ACE, AIG and CNA, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act, Liberty Mutual, Political Watch, War Hazards Act | Tagged: , , , , , , | Leave a Comment »

Defense Base Act: The Weaponization of the Defense Medical Examination

Posted by defensebaseactcomp on May 15, 2012

The Defense Base Act Insurance Company is entitled to have Defense Base Act Claimants see a physician that they choose to provide them with a second opinion regards the injuries that you have filed a claim for.  These examinations are in no way Independent Medical Examinations as the Insurance Company and their Attorneys deceptively refer to them as.

These Insurance Company Second Opinions, or Defense Medical Examinations, come at a heavy price to the US Taxpayer.  The Insurance Companies pay much higher amounts to hire doctors that will give them a report unfavorable to your claim and also be willingly to back up these statements in Depositions or straight to a Judges face at hearing.  You are entitled to reimbursement for the expenses you incur attending these.  The DME can be a very expensive undertaking.

Very few DBA Claimants exercise their rights to have these doctors researched by a professional, not travel outside of their geographic area, take an advocate with them (preferably your attorney or a nurse), have the scope and purpose of the Examination clearly defined, or most importantly to video the examination

It must be you who pursues these protections because your DBA Attorney is not likely to suggest or pay for them despite your entitlement to them.  Your attorneys failure to assert your rights only enables the insurance companies and their bloodthirsty attorneys and claims adjusters.

You are required to “cooperate” not play dead.

One very prudent restriction on these DME’s used to be that the Insurance Company could not make you attend one more than every three years.  At some point that we cannot ascertain this restriction was removed. 

So  began the Weaponization of the DBA Defense Medical Examination.

Currently the DME is being utilized as a weapon to intimidate DBA Claimants to accept negligent settlements.

Even though you have an order in place you are told if you do not immediately attend a DME your payments will cease immediately.

Even though your claim is currently under the jurisdiction of an ALJ awaiting a decision you are told to fly across country for several days of DME’s.   Just prepping you for the settlement offer.

Your attorney presents to you a ridiculous offer for settlement along with the threat that if you do not accept it the Insurance Companies Attorney promises you DME’s every year and surveillance by their private dicks $$$ for the rest of your life.

We cannot always be certain who is manning the weapon.  As of late there is a barrage of Friendly Fire.

No doubt that the casualties are always the DBA Claimant and the US Taxpayer.

It has never been more true that After Injury the Battle Begins

Or more clear that this program is lacking oversight of any kind

Posted in ACE, AIG and CNA, Civilian Contractors, DBA Attorneys Fees, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, Follow the Money, Independent Medical Examinations, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Racketeering | Tagged: , , , , , , , , , , | 2 Comments »

Defense Base Act Insurance Companies: Prescription Drug Abuse

Posted by defensebaseactcomp on November 29, 2011

Guest Post by Marcie  Hascall Clark November 29, 2011

Under the Defense Base Act the Employer/Carrier are responsible for the Injured Contractors medical to include all necessary prescriptions and supplies required by their Doctors.

Evidently the Department of Labor deems it proper to first abuse the injured and/or their caretaker when it comes to approving and if ever, providing these necessary prescription drugs and other medical items.  Nothing has been done in an entire decade to assure the injured receive necessary medications and medical supplies.

Since our first experience with this in 2003 with CNA, which continues to this day only they don’t even bother approving prescriptions or anything else, not one entity has done as much as acknowledge the dangerous life threatening practice of running the injured in circles trying to get prescriptions filled.

You may receive a prescription card from a Third Party Administrator that you are required to use when trying to fill your prescription.  Only when you arrive at the pharmacy you are told that your prescription is not approved.  You must then contact the TPA, who claims that is not true and that your prescription has been approved.  Back to the pharmacy who apologizes but does not have approval for your prescription.

Back to the TPA who SAYS they must then contact CNA but it seems the claims adjuster has just gone back to hell for a few weeks and no one else can approve your prescription.  In another scenario they give you Debra Donato’s number to call who is filling in for the Claims Adjuster that is back in hell for a month this time.

Debra Donato’s number is a recording asking you to call another number.  The other number asks you to call the number you first called.

When the injured is unable to have the prescription filled using the “required” card,  under the DBA everything must be approved by the insurer, they are left to fend for themselves.  Most injured cannot afford to purchase these expensive drugs on their own and if they pay for them themselves the chances of being reimbursed are slim.  We’ve turned in receipts starting in 2003 and have never been reimbursed.

This abuse is being played out everyday causing overworked, overtired caregivers to have to run laps to pharmacies for no reason other than harassment.  Often the injured cannot be left unattended making a trip to the pharmacy, or anywhere else, an ordeal.

Often the injured goes without the medically necessary medications for months on end causing further physical and psychological damage.

All because of the Defense Base Act Insurance Companies abusive treatment of injured contractors.

An Award by an Administrative Law Judge and the Department of Labor will do nothing to assure that the Insurer provide these with or without the abuse.

Posted in AIG and CNA, Civilian Contractors, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Racketeering, Suicide | Tagged: , , , , , , , , | 1 Comment »

Johnny doesn’t come cheap, but there is a lot to win for his contributors

Posted by defensebaseactcomp on June 11, 2011

Smiling all the way to the bank

Senator Johnny Isakson of Georgia has presented Bill S. 669 to the Senate which has been referred to a committee on which he sits, the Senate Committee on Health, Education, Labor, and Pensions, for deliberation, investigation, and revision.

Bill S.669 was introduced AS IT WAS WRITTEN BY IT”S SPONSOR who is Senator Johnny Isakson, who is heavily supported by Insurance Companies and Attorneys who stand to reap ever larger profits than they already do if this bill were to become law.  Nearly every aspect of the Bill would be a huge present to the Defense Base Act Insurance business.

Johnny is looking out for the insurance companies and attorneys

This grim reaper sits on the Veterans Affairs Committee as well.

Johnny Isakson can be contacted at 202-224-3643.
1175 Peachtree St Ne
Atlanta, GA 30361
Phone : (404) 347-2202
The following is from the Johnny Isakson page at MapLight.org

Total Campaign Contributions Received by Johnny Isakson: $8,231,997

Interest Contributions
Real Estate $854,942
Lawyers/Law Firms $449,582
Health Professionals $298,416
Insurance $251,650
Banks and Credit $236,150
Lobbyists $214,261
Securities & Investment $200,500
Misc Finance $178,075
Pharmaceuticals/Health Products $167,500

Posted in Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Follow the Money, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, Veterans Affairs | Tagged: , , , , , , , , , , | 6 Comments »

Text of S. 669: Longshore and Harbor Workers’ Compensation Act Amendments of 2011

Posted by defensebaseactcomp on May 17, 2011

A bill re-introduced in the United States Senate and backed by maritime insurers and employers

would substantially reform existing Longshore and Harbor Workers’ Compensation Act procedures

and the benefits afforded injured and sick workers.

A Bill

To ammend the Longshore Harborworker’s Compensation Act to improve the compensation system and

for other purposes.

http://www.govtrack.us/congress/billtext.xpd?bill=s112-669

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, Defense Medical Examinations, Department of Labor, Exclusive Remedy, Follow the Money, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch | Tagged: , , , , , , , | 4 Comments »

War Hazards Act pays Insurance Companies more for expenses than to Claimants for compensation

Posted by defensebaseactcomp on March 9, 2011

“Over the past six years  (does  not include 2010) under the WHCA,
the federal government has paid more in reimbursements to insurers for expenses
$19.7 million
than it has paid in compensation to claimants
$12.1 million”
There is evidence that the current process, in which the federal government identifies WHCA claims after they have been paid as DBA claims and then reimburses insurers for claim and administrative costs, results in the federal government paying significant amounts that do not go directly to claimants.
Over the past six years under the WHCA, the federal government has paid more in reimbursements to insurers for expenses ($19.7 million) than it has paid in compensation
to claimants ($12.1 million).
There is also evidence, including testimony provided by DBA and WHCA claimants at a 2009 House Committee on Oversight and Government Reform hearing, that in some cases, claimants with injuries that clearly fall under the statutory requirements of the WHCA must first navigate procedural and other requirements of their contractors’ DBA insurers before their cases are eventually transferred to DOL.
In some cases, DBA insurers controvert claims or oppose specific benefits for claims that are likely to end up at the DOL under the WHCA. Under the current system, insurers have the right and responsibility to investigate all claims and controvert or oppose claims and benefits they feel are not their responsibility or that fall outside of the DBA.
However, this can cause delays for claimants, including claimants with clear WHCA cases that will eventually be paid by the DOL.

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, DBA Attorneys Fees, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Delay, Deny, Department of Labor, Follow the Money, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, War Hazards Act | Tagged: , , , , , , , , | 4 Comments »

Insurance Companies Stripping Medical Records

Posted by defensebaseactcomp on March 2, 2011

“Several stories detail possible fraud or questionable actions practiced by at least several major insurance carriers, but ignored and unpunished by regulators.

The WFAA-TV series has revealed how some insurance companies send peer review doctors medical files “stripped” of records important to the possible approval of workers’ comp claims.

Those peer review doctors who routinely deny care receive lucrative contracts, while those who approve care fail to be rehired.”

Thanks to Barry for putting this together with links at

Deadly Insurance Companies Organized Crime

WFAA revealed that the Texas Workers Comp Commissioner was a former insurance company lobbyist, and when he denied that WFAA showed his lobbyist business card !!!! HE LATER RESIGNED !!

Posted in ACE, AIG and CNA, AWOL Medical Records, Contractor Casualties and Missing, Defense Medical Examinations, Follow the Money, Hope that I die, Political Watch, Racketeering | Tagged: , , , , , | 5 Comments »

Why does the question of whether DBA attorneys take kickbacks come up so often?

Posted by defensebaseactcomp on August 15, 2010

We’ll start this with our disclaimer:

We do not know if any Defense Base Act Plaintiff’s  attorneys  take financial kickbacks or any other possible kickback  from DBA insurance companies.  We just see the question come up often.

These are our own plaintiff’s attorneys that this question is being asked about.

Financial reward is likely the driving force behind the DBA insurance company defense attorney, though we suspect it is more a sport for a few of them.

But offering, or taking, a bribe to throw an injured contractor’s claim at a hearing or talk him into taking a much smaller settlement than he is entitled too,  would have disastrous legal implications for any attorney who were caught.  The insurance company would probably not miss a profit.

Never the less, this question remains a very hot topic.  One that many would be compelled to ask when researching the outcomes of claims of Injured War Zone Contractors and the Death Benefit Claims of those who did not survive.

If not for financial reward then what would drive an Attorney/Lawyer  to allow an insurance company to deny benefits to clearly maimed and/or mentally disabled persons without putting up the best fight possible utilizing every resource available to them?

The Reasonable costs of representing a claimant must also be paid by the insurance company and it is not the Insurance companies’ attorney who decides what legal costs will be paid, it is the Judge.

The lack of effort and resources put into most DBA Claimants cases saves the insurance companies billions of dollars without ever an outright exchange of dirty money necessary.

Posted in Contractor Casualties and Missing, Defense Base Act Law and Procedure, Follow the Money, Injured Contractors, Misjudgements, Political Watch, Racketeering | Tagged: , , , , , , | 8 Comments »

Leishmaniasis from Iraq and Afghanistan a Hazard, but not a War Hazard

Posted by defensebaseactcomp on May 22, 2010

There will be no “Defense of Freedom Medal” for being infected with the Leishmaniasis parasite.

Leishmaniasis is a one celled parasite normally contracted via the bite of a female sandfly.

These sandflys and the parasite they carry are endemic to many countries in the Middle East and elsewhere.

Locals and visitors to these endemic areas are always at risk of contracting Leishmaniasis if precautions are not taken to keep from being bitten.

Leishmaniasis is no more a War Hazard than Malaria or any of the regular work place accidents that occur while working overseas yet are not reimbursable under the War Hazards Act.

So unless the female sandflys have taken up arms and joined Al Qaeda and the Taliban, which would require a complete reversal regarding their views on women…..

The War Hazards Tribunal up in Ohio needs to beware the DBA Insurance Company attempts to paint them as insurgents.

This is the first in our series of reports on Leishmaniasis which most of you who worked in the War Zones were exposed to.

Statistically, it is likely that many of you carry this parasite unawares………

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

 
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