Posted by defensebaseactcomp on September 26, 2011
Today Injured War Zone Contractors and Scott Bloch filed a
Class Action Lawsuit
Defense Base Act Insurance Companies
and some Employers.
Scott Bloch files complaint for $2 billion against major government contractors like
KBR, Blackwater/Xe, DynCorp, G4S/Wackenhut/Ronco Consulting
and the global insurance carriers
AIG, CNA, ACE, Zurich,
on behalf of thousands of former employees,
unlawful, fraudulent and bad-faith mistreatment of
injured employees and their families
Brink Vs. CNA et al
The Defense Base Act Compensation blog and it’s contributors invite you to
Join our Class Action here
The truth will be exposed
WASHINGTON, DC (September 26, 2011) –
Since 2003, top government contractors like Blackwater, KBR, DynCorp, CSA/AECOM and ITT have been perpetrating a fraud on their employees and on the American public. The silent warriors who work for these companies, many of them decorated former military service members, have been injured, mistreated and abandoned by the contracting companies and their insurance carriers who have been paid hundreds of millions of dollars in premiums.
“It is a grave injustice,” Bloch said, “to those who rode alongside American soldiers, including Iraqi and Afghani Nationals, to be case aside without the benefits of the law. We are supposedly trying to bring them the rule of law. We are supposedly trying to encourage them in democractic institutions. We are the ones asking them to believe in justice and individual rights. This is a travesty to all Americans and those around the world who look to America for an example of humanitarian aid and proper treatment of workers.”
This is a lawsuit for damages in the amount of $2 billion to remedy the injuries and destruction caused to the lives, finances and mental and physical well being of thousands of American families and others whose loved ones were injured while serving America under contracts with the United States. It seeks an additional unspecified amount to punish the companies who made massive profits while causing this harm to people unlawfully and maliciously and working a fraud on the American public who paid them.
“This abusive and illegal scheme by the defendants has been allowed to go on for too long. We are talking about loss of life, suicide, loss of homes, marriages, families split up, “ Bloch said, “and the culprits are the large government contractors who should have treated their employees better, and the mega-insurance companies who were paid a hefty sum to make sure the employees were taken care of with uninterrupted benefits in the event of injuries in these war zones.”
This complaint is filed due to actions and omissions of defendants, in conspiracy with others, and individually, to defeat the right of American citizens and foreign nationals to receive their lawful benefits and compensation under the Defense Base Act (“DBA”), as it adopts the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).
The lawsuit explains that those sued engaged under the RICO statute in an enterprise of fraudulent and or criminal acts to further their scheme to defeat the rights of individuals who have been injured or suffered occupational diseases, and death, while on foreign soil in support of defense activities under the DBA. These acts were perpetrated repeatedly through bank fraud, mail fraud, wire fraud, using telephones, faxes, and United States mail .
“These are heroes, decorated by America’s Armed Services,” said Bloch. “Some of the foreign contractors were decorated special forces soldiers from their countries who assisted the United States in combating threats. The sheer disregard for human dignity and law is reprehensible and deserves punishment. These families and many others who have been harmed need treatment, need compensation, need redress of the wrongs that have been perpetrated by these huge companies and insurance carriers for the last 10 years. They have earned $100 billion per year on the backs of these people, with the blood of these plaintiffs and those whom they represent.”
The was filed in the United States District Court for the District of Columbia and covers individuals from all over the United States, South Africa, Iraq, Afghanistan and other counties.
Contact Scott J. Bloch, PA:
Scott Bloch, 202-496-1290
Posted in Afghanistan, AIG and CNA, AWOL Medical Records, Blackwater, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Department of Labor, Dropping the DBA Ball, Dyncorp, Follow the Money, Injured Contractors, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Racketeering, Ronco Consultilng, State Department, Suicide, Toxic Exposures, USAID, Veterans, Wackenut, War Hazards Act, Whistleblower, Xe, Zurich | Tagged: ACE, AIG, Blackwater, Blackwater/Xe, CNA, Defense Base Act, Defense Base Act Workers Compensation, Department of Labor, Dyncorp, G4S, injured war zone contractors, ITT, KBR, Ronco Consulting, Scott Bloch, Wackenhut, Zurich | 15 Comments »
Posted by defensebaseactcomp on June 8, 2011
The lawsuit says Xe and its workers compensation insurers refused to provide benefits until forced to do so “after drawn out disputes in administrative courts.”
AFP June 8, 2011
WASHINGTON — Four former employees of Blackwater, the scandal-plagued security firm now called Xe, have filed a $60 million class action lawsuit claiming the firm failed to pay health and pension benefits to its employees.
Their lawyer, Scott Bloch, said Wednesday that Xe improperly classified thousands of its employees as independent contractors, allowing the company to avoid “millions of dollars in taxes, withholding and payments of benefits.”
“Blackwater made hundreds of millions of dollars from taxpayers and hired thousands of former veterans of military service and police officers,” said Bloch in a statement
It is a grave injustice to them who were mistreated and left without any health insurance or other benefits for their families, and left to fend for themselves in paying into Social Security and Medicare,” he said.
The lawsuit was filed Monday in federal court in Washington, and hopes to recover Social Security, unemployment insurance, health and other benefits for the four plaintiffs, all of whom were injured while working for Blackwater.
“Plaintiffs and many of those similarly situated came home wounded physically and psychologically from Iraq, Afghanistan and other countries, and needed health insurance to take care of difficulties for themselves and their families,” according to the complaint.
The lawsuit says Xe and its workers compensation insurers refused to provide benefits until forced to do so “after drawn out disputes in administrative courts.”
Read the entire article here
Posted in AIG and CNA, AWOL Medical Records, Blackwater, Civilian Contractors, Defense Base Act, Department of Labor, Dropping the DBA Ball, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Racketeering, Xe | Tagged: Blackwater, Civilian Contractors, CNA, Defense Base Act Workers Compensation, injured contractors, Misclassification as Independent Contractor, Scott Bloch, State Department | 2 Comments »
Posted by defensebaseactcomp on March 25, 2011
OWCP News Release March 24, 2011
In the aftermath of the devastating earthquake and tsunami in Japan on March 11, 2011, various agencies of the United States may utilize the services of private contractors to provide humanitarian and other assistance as part of the global relief effort there. Workers for such private contractors are covered under the Defense Base Act (DBA) (except for certain specified instances where the Department of Labor has granted a waiver). Agency contracting personnel and private contractors should ensure that the proper DBA insurance is in place before workers are deployed overseas.
The Secretary of Labor may waive the application of the Defense Base Act for any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States. However, even when a waiver is granted, DOL conditions the waiver such that it does not exempt from DBA coverage citizens of the U.S., legal residents of the U.S., or employees hired in the U.S .
The Department of Labor has granted the Department of Defense (DOD) and the Department of State (DOS) a DBA waiver for contracts for work performed in Japan.
The Department of Labor has not granted a DBA waiver to any other US government agency for work performed in Japan. All non DOD and DOS contractor employers with employees deployed in Japan must purchase DBA insurance coverage for those employees.
6. Is Radiation Exposure covered under DBA ?
Yes, the DBA covers all injuries, occupational diseases, or infections that arise out of or result from employment exposures. An injury or illness causally related to radiation exposure is covered under the DBA, even if the medical condition is not diagnosed for many years after the employment. In order to qualify for benefits, the employee is required to establish employment under a US government contract, that he was harmed by the employment, and that the employment conditions were such that they could have caused the harm.
Posted in Civilian Contractors, Defense Base Act, Department of Defense, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act, Toxic Exposures | Tagged: Civilian Contractors, DBA Waivers, Defense Base Act, Defense Base Act Insurance, Defense Base Act Workers Compensation, DoD, DoL, DoS, Japan, Radiation Exposure, Toxic exposure | 1 Comment »
Posted by defensebaseactcomp on July 20, 2010
Let us know what’s up with this one, aside from being non responsive
Posted in AIG and CNA, Defense Base Act Law and Procedure, Delay, Deny, Hope that I die, Racketeering | Tagged: CNA, CNA Claims Adjuster, Debora Donato, Defense Base Act, Defense Base Act Workers Compensation, Delay Deny Hope that I die | 8 Comments »
Posted by defensebaseactcomp on June 15, 2010
Update: While Hilda Solis was in attendance at the meeting with BP we have no indications that Worker’s Comp is included in the 20 Billion drop in the bucket antied up by them
Apparently the decision to have the Secretary implement the emergency necessary to apply the Libby Health Care Act to the Gulf Coast States Workers’ Compensation program has already been made.
The Libby Health Care Act was tagged onto the Health Care Reform Bill.
After Obama’s meeting with BP today we will probably hear that they have “voluntarily” agreed to pony up to the Superfund and waive control of claims administration or cede it to the Department of Labor. Under Worker’s Compensation Law they are relieved of all responsiblity for any reason to injuries to Oil Spill Workers. We already know they are not using safety precautions and here
CDC conducts health survey at construction site to house oil spill clean-up workers; NIOSH reviews medical records from hospitalized fishermen
BP posts oil spill clean-up workers’ injuries log
EPA Data show dispersants plus oil are more toxic than either alone.
This likely explains some strange goings on in the fourth and sixth Regions over the last month.
If you have a claim in these districts you may soon be competing with injured Oil Spill Workers for Department of Labor processing and hearings. Click here to find your region and district office. If your lawyer moved your claim to one of these districts for his own “convenience” you can thank him again.
Certainly the insurance companies will be no more inclined to pay benefits to Oil Spill Workers than they are Injured War Zone Contractors.
How many of these States buy their Workers Comp insurance from AIG, CNA, ACE or Zurich?
We’ll let you know.
Posted in ACE, AIG and CNA, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Political Watch, Toxic Exposures, Zurich | Tagged: ACE, AIG, BP, British Petroleum, CNA, Defense Base Act, Defense Base Act Workers Compensation, Department of Labor, DoL, Health Care Reform Bill, Hilda Solis, LHWCA, Libby Health Care Act, OWCP, Zurich | 6 Comments »
Posted by defensebaseactcomp on April 1, 2010
After an entire year of asking Hilda Solis to address the ruthless treatment of Injured War Zone Contractors by AIG, CNA, and ACE and being completely ignored, we are having a hard time choking down this story.
A Labor Day Message to Hilda Solis
Labor Secretary Hilda Solis Avoids interviews and meetings with Contractor Groups
Injured Abroad Neglected at Home
We have much to say about being ignored by Hilda Solis and her refusal to acknowledge us or be interviewed regarding the Defense Base Act Workers’ Comp program that her Department of Labor has allowed us to be physically and financially abused by. Sure we fell into this black hole during the Bush Administration but this Administration has allowed the continued financial ruin and denied medical benefits to thousands of American Families and those of our allies. Winning hearts and minds all around the world.
We’ll have something more on this very soon.
For now, here is what she’s done for those in a position to lobby.
Hilda Solis: Labor’s New Sheriff
by Esther Kaplan at The Nation
Here is an excerpt, you will want to read the full story at
During the Bush years, the Department of Labor became a cautionary tale about what happens when foxes are asked to guard the henhouse. But since California Congresswoman Hilda Solis became labor secretary last winter, she has brought on board a team of lifelong advocates for working people–some of whom come from the ranks of organized labor–and has hired hundreds of new investigators and enforcers.
President Obama calls Solis part of his economic team, but the truth is she’s not part of the daily huddle at the White House with Summers and Geithner and Orszag. She’s tapped instead as a lead voice in the “jobs, jobs, jobs” choir, advocating for Obama’s latest stimulus package. She has tiptoed into the realm of financial regulation, organizing a joint hearing with the Securities and Exchange Commission on the abysmal performance of target date retirement funds during the market crash, and she doles out hundreds of millions of dollars in job training funds, a decent chunk of which she has used to shape policy by channeling it to green industries. But Solis understands that her real influence lies in her power to enforce the nation’s labor laws–the primary mission of the DoL. It’s a role she embraced with relish at her swearing-in, where she announced with a grin, “To those who have for too long abused workers, put them in harm’s way, denied them fair pay, let me be clear: there is a new sheriff in town.”
Indeed, Solis threw her weight around on Capitol Hill when one key deputy, Labor Solicitor Patricia Smith, faced stiff opposition from business lobbies and the GOP. One of Smith’s predecessors as labor solicitor–the nation’s top enforcer of labor laws–was Eugene Scalia, son of the Supreme Court justice. Scalia’s previous claim to fame was his successful campaign to block an ergonomics safety standard, using an industry-supported Astroturf group to question whether repetitive-motion injuries exist at all. As labor solicitor, he invoked the Taft-Hartley Act against West Coast longshoremen locked out by their employer (a former client) and made a habit of undermining his own agency, writing a brief supporting limits on whistleblower protections. After a one-year tour, he landed on the lush payroll of Gibson Dunn, a leading “union avoidance” firm, where he now serves as an expert on “downsizing” when not penning attacks on the Employee Free Choice Act for the Wall Street Journal.
Posted in ACE, AIG and CNA, Department of Labor, Uncategorized | Tagged: ACE, AIG, Blackwater, CIA, Civilian Contractor, CNA, DBA, Defense Base Act, Defense Base Act Workers Compensation, Department of Labor, DoL, Dyncorp, Exclusive Remedy, Hilda Solis, injured contractors, Longshore Harbor Workers Compensation Act, New Sheriff in Town | 1 Comment »