Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘Dr. John Dorland Griffith’

Army Wants PTSD Clinicians to Stop Screening for Fakers: Chances are they are probably ailing

Posted by defensebaseactcomp on August 3, 2012

While even the military realizes the dangers of delaying and denying PTSD Diagnoses and Treatment

The Defense Base Act Insurance Companies and their Overly Zealous Defense continue to brutally delay and deny diagnoses and treatment of PTSD to injured war zone contractors, most having served their country in the military.

In fact they are still allowed to force PTSD patients to undergo psychological  interrogation by the infamous Dr John Dorland Griffith who has been discredited over and over again, and falsely accused injured war zone contractors of malingering.  Many PTSD claims were denied based on his paid in cash testimony.

In case after case treatable PTSD becomes a chronic lifelong condition, destroying lives, shredding families.

Ultimately costing taxpayers and our society as a whole much more in the long run but provide more profits for the insurer and ever more fees for attorneys on both side of this boondoggle.

The Department of Labor presented policy five years requiring PTSD Claims to be expedited but the policy was never implemented.

Wired’s Danger Room

In a big reversal, the Army has issued a stern new set of guidelines to doctors tasked with diagnosing post-traumatic stress disorder (PTSD) among returning soldiers. Stop spending so much time trying to spot patients who are faking symptoms, the new guidelines instruct. Chances are, they’re actually ailing.

The 17-page document has yet to be made public but was described in some detail by the Seattle Times. In it, the Army Surgeon General’s Office specifically points out — and discredits — a handful of screening tests for PTSD that are widely used by military clinicians to diagnose a condition estimated to afflict at least 200,000 Iraq and Afghanistan veterans.

The Army Surgeon General finds great fault with a dense personality test popular with clinicians that ostensibly weeds out “malingerers,” as PTSD fakers are known.

But the results of what’s known as the Minnesota Multiphasic Personality Test are flawed, according to the report. PTSD sufferers often exhibit anxiety, insomnia, flashbacks and depression — all of which, some doctors believe, can be discounted under the test. The test devotes a large swath of questions to catching apparent exaggerations of symptom severity, seemingly inconsistent answers, or reported symptoms that don’t mesh with the typical signs associated with an illness.

“The report rejects the view that a patient’s response to hundreds of written test questions can determine if a soldier is faking symptoms,” the Seattle Times summarized. Where PTSD is concerned, that’s especially true. The condition is accompanied by symptoms that can differ markedly between patients: Some are hyperactive, others are lethargic; some exhibit frenetic rage while others are simply sullen and depressed.

“And,” the Times continued, “[the report] declares that poor test results ‘does not equate to malingering.’”

Those tests were the standard of care at Madigan Army Medical Center — which is a big deal. Located in Tacoma, Washington, Madigan isn’t just one of the military’s largest medical installations. It’s home to a forensic psychiatry team tasked with deciding whether soldiers diagnosed with PTSD were sick enough to qualify for medical retirement. In March, the Army launched an investigation of the Madigan team after Madigan’s screening procedures allegedly reversed 300 of the PTSD diagnoses among soldiers being evaluated.

The reversals resulted in some soldiers being diagnosed with “personality disorders” and others left with no diagnosis at all. Madigan allegedly used the tests to save money by limiting the number of patients who’d qualify for retirement. “

Posted in ACE, AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, 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, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Suicide, Veterans, Veterans Affairs | Tagged: , , , , , , , , , , , , , , , | 2 Comments »

Congratulations Dorothy Clay Sims

Posted by defensebaseactcomp on July 5, 2011

Casey Anthony Trial : Not guilty verdict in death of daughter Caylee

Dorothy Clay Sims, whose name DBA Claimants remember for her work in exposing AIG’s infamous Dr G ,Dr John Dorland Griffith, was a major part of the legal team that just secured a not guilty verdict in the Casey Anthony trial.


Dr. John Dorland Griffith Exposed, Publicly, Finally

Dr John Dorland Griffith Exposed Case No. 2008-LDA-00287

BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith

Defense Base Act Comp only applauds the work done by Dorothy Sims, and expresses no opinion on the guilt or innocence of Casey Anthony.

Posted in AIG and CNA, Independent Medical Examinations | Tagged: , , , , , | 3 Comments »

How much does an Independent Medical Examination Cost?

Posted by defensebaseactcomp on May 10, 2011

An Independent Medical Examination as ordered by the Department of Labor or a Defense Medical Examination (Second Opinion) are paid for by the insurance company.

We’ve not yet seen or heard of anyone going to an Independent Medical Examination as ordered by the DoL according to the LHWCA/DBA.  There are guidelines to be followed for an Independent Medical Examination which ensure that the doctors are not insurance company regulars.

We have seen paperwork on DME’s on DBA Casualties starting at $800 and going up to $1,200 per DME.

Expensive for a single examination it would seem.  Often done offsite of the Doctors regular office if they even have one.

And the ante goes up if your exercise your right to have the examination videographed.   We do not mean the charges you will incur for the videographer.   The added charges are more like “risk coverage” or a deterrant to keep the injured from ensuring that the examination is fair.

Your DME is much more than simply the unbiased second opinion that it is represented to be.

The DME Doctor is an expert witness for the insurance company.

They may be asked to submit to a Deposition under oath or to testify in person on behalf of the insurance company for which they will be paid even larger sums.

The IME/DME business is a very lucrative one for those Doctors who choose to do them.

The Insurance Companies can afford them.

Injured Contractors and/or their attorneys are seldom in a financial position to deal with DME’s properly.

This is why so many of you are sent to DME’s by your very own lawyers with no advocate or videographer present even though these costs are legitimate expenses which would have to be reimbursed.

This is ONE reason why the Dr Griffith’s of the DBA have been utilized repeatedly even after being exposed under oath in depositions.

Posted in Civilian Contractors, 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, Independent Medical Examinations, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Racketeering | Tagged: , , , , , , , | 7 Comments »

DME Doctor Alert: Another AIG Expert Witness

Posted by defensebaseactcomp on February 14, 2011

See Also Doctors who Work for Insurance Companies

In January alone two Injured Contractors had their cases denied by the BRB where this doctors reports were utilized.

Jeffrey Richmond, M.D. (Medical Reports)

Dr. Richmond is Board-certified in orthopaedic surgery.

This doctor who does DME’s for AIG caused at least two back injury claimants to lose their claims over the opinions of no less than three other qualified doctors in each case.

In his opinion, which is of course paid for by AIG, the back injuries are never work-related and in one claim is referred to as only minor whiplash.

As with Dr John Dorland Griffith, he manages to “impress”  ALJ Kennington and ALJ Krantz.

And the report that Kennington was so impressed with was meerly a “Peer Review”, this doctor never saw the patient but defied  three treating physicians reports.

Posted in AIG and CNA, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Defense Medical Examinations, Department of Labor, Injured Contractors, Misjudgements | Tagged: , , , , | 4 Comments »

BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith

Posted by defensebaseactcomp on October 27, 2010

“Rather, the administrative law judge was to assess the weight to be accorded to the medical evidence of record, without substituting his judgment for that of the physicians”

Congratulations to Claimants Attorney
Ralph R. Lorberbaum
Zipperer, Lorberbaum & Beauvais
Savannah, Georgia
on a job well done.



BRB Decision 09-0573

The Benefit Review Board has overturned the ALJ’s denial of benefits in a noteworthy decision that mirrored many of the arguments made in an earlier analysis on the DBA X-files. The decision also reflects a deeper understanding of war-related trauma absent in the Board’s earlier decisions. Better late than never, although this is of little consolation to those who had to pave the way.

1. In this regard, it is undisputed that all of the physicians of record diagnosed claimant with some sort of psychological disorder. Specifically, Drs. van Holla, Reppuhn, Oram and Marshall all diagnosed claimant with PTSD. In addition, Drs. Marshall, Oram, and Reppuhn diagnosed claimant with depression. These are clinical, Axis I, disorders that may respond to medication.

Dr. Griffith, employer’s expert, diagnosed claimant with “personality disorder, not otherwise stated,” which is an Axis II disorder, and malingering. Thus, while Dr. Griffith sctated claimant does not have PTSD or depression, his diagnosis of a personality disorder may support a finding that claimant established a harm for purposes of Section 20(a), 33 U.S.C. §920(a). See generally Wheatley v. Adler, 407 F.2d 307, 313 (D.C. Cir. 1968) (en banc) (a harm occurs when “something unexpectedly goes wrong within the human frame”).

[Goes without saying that Dr Griffith also “diagnosed” TW with malingering (Ed)]

2. The Board’s decision in S.K. [Kamal] v. ITT Industries, Inc., 43 BRBS 78 (2009), is instructive in this regard. In Kamal, the employer contended that, as no doctor had diagnosed the claimant with PTSD or other psychological condition in a manner consistent with the criteria set forth in the DSM-IV, the claimant did not suffer a psychological harm sufficient to invoke the Section 20(a) presumption. The Board rejected the employer’s contention, stating first that the Act does not require use of the DSM-IV in assessing whether a claimant has suffered a psychological harm. Id. at 79-80.

Rather, the administrative law judge was to assess the weight to be accorded to the medical evidence of record, without substituting his judgment for that of the physicians.

Special Thanks to X Files crew at American Contractors in Iraq and Afghanistan


See also Dr John Dorland Griffith Exposed

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Defense Medical Examinations, Department of Labor, Misjudgements, OALJ, PTSD and TBI, Racketeering | Tagged: , , , , , , , , , , , , | 8 Comments »

Veterans Administration and Department of Labor contract IME’s to company that does DME’s

Posted by defensebaseactcomp on July 8, 2010

We Call Foul, MES Solutions does Defense Medical Examinations for CNA but the DoL puts them in charge of Independent Medical Examinations that must not be done by doctors who work for insurance companies.

Contractors are not the only ones our Government has sold out what is supposed to be an unbiased and fair medical examination to determine “Alleged” disability ratings.

These Doctors who get paid by insurance companies to help deny Disabled Contractors the benefits the taxpayers already paid for are also paid to help deny Disabled Veterans the benefits our country promised them.

Veterans helping Deny Veterans?

Sounds a lot like Biased Military Veteran DoL ALJ helping deny Disabled  Contractors many of whom are Veterans based on the testimony of a Fraudulent Defense Medical Doctors testimony.

LHWCA 907  (i)

) Physicians’ ineligibility for subsection (e) physical examinations and reviews because of workmen’s compensation claim employment or fee acceptance or participation.

Unless the parties to the claim agree, the Secretary shall not employ or select any physician for the purpose of making examinations or reviews under subsection (e) of this section who, during such employment, or during the period of two years prior to such employment, has been employed by, or accepted or participated in any fee relating to a workmen’s compensation claim from any insurance carrier or any self-insurer.

MES Solutions Awarded Contract to United States Department of Labor Office of Workers Compensation Programs

HOUSTON, June 8 /PRNewswire/ — MES Solutions announced today the award of the United States Department of Labor Office of  Workers Compensation Programs contract for the Seattle District Office. The OWCP administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents that experience work-related injury or occupational disease.

The contract covers the following jurisdictions: Washington, Oregon, Idaho and Alaska. As the recognized national leader in the areas of workers’ compensation, disability, and auto liability medical evaluations, MES Solutions brings over 30 years of medical evaluation experience to assist the Department of Labor in processing Second Opinion Examinations and Schedule Awards.

Now According to the Department of Labor a “Second Opinion” IS a Defense Medical Examination.

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Hope that I die, Misjudgements, OALJ, Political Watch, Racketeering, Veterans Affairs | Tagged: , , , , , , , , , , , | 1 Comment »

Deposition by telephone: Hello, are you there Dr. Griffith?

Posted by defensebaseactcomp on July 1, 2010

Does  AIG’s  discredited  Defense Medical Examiner Dr. John Dorland Griffith sit in on doctor’s  depositions that are done by telephone?

Does he not announce his presence?

Do the Defense Attorneys not admit on the record that someone else was listening in?

How would you know if something like this had happened in a deposition on one of your doctors?

This would be wrong, right?

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Misjudgements, Political Watch, Racketeering | Tagged: , , , , , , , , , , , , | Leave a Comment »

Dr. John Dorland Griffith Exposed, Publicly, Finally

Posted by defensebaseactcomp on June 29, 2010

Forwarded by a Contributor to the blog:

Dr. John Dorland Griffith, Star of the DBA X FilesAIG’s hired gun,

Thank you, Judge Jeffrey Tureck, for confirming what we at  American Contractors in Iraq and Afghanistan  have been saying all along about Dr John Dorland Griffith at the DBA X-files.

Dorothy Clay Sims you are a true American hero.

Your extensive knowledge on PTSD, your diligence and passion for justice has finally shown up this charlatan for what he is.
Thank you for the lives you will have saved, for helping  injured civilian contractors where very few will.

To those who stood idly by or even helped arranged for their clients to travel from five or six states away to see this bogus hired gun may you go down with him.

In light of this ruling, Case No. 2008-LDA-00287, we request  that all prior cases that were denied because of Dr Griffiths’ misleading testimony (notably ALJs Romero and Kennington who declared themselves so impressed with him in earlier decisions) be reopened so that justice can be done.

From the decision  Judge Jeffrey Tureck,

“In regard to Dr. Griffith, to put it bluntly, he was a terrible witness.

He was sarcastic, arrogant, argumentative and flippant, and often refused to answer the questions put to him.

On his own, he assumed facts for which there was no support in the record, and then offered his opinion based on these assumed facts.

For example, he assumed that the Claimant was at fault in the incident where his truck was shot at (e.g., TRG 142-48), that Claimant was worried that he would have to pay $17,000 to repair the truck (e.g .• TRG 35), and that Claimant was depressed due to his three divorces (TRG 48-49, 312).

He provided different answers to substantially similar questions throughout his testimony. As an example, his testimony regarding whether Claimant is malingering or exaggerating changed constantly, to the point that his opinion regarding this question is incomprehensible. See, e.g., TRG 49-53, 309-10, 317.

Further, he believes that anyone in Claimant’s shoes would be trying to collect compensation rather than
work, since he believes “no one feels like working
“. E.g., TRG 442.8

He also believes that if the Claimant actually was suffering from PTSD, the carrier would not be opposing the claim.
TRG 161.

Moreover, his medical judgment is clouded by his belief that PTSD is a highly overused diagnosis. TRG 317.

The full flavor of Dr. Griffith’s testimony can only really be appreciated by reading the
entire 490-page transcript and viewing the videotape of his May 8, 2009 deposition; but reading
pages 29-35 of the transcript would be a good starting point.

His bias against Claimants; his irrationality; and his unwillingness to provide a straight answer to a question; are exhibited throughout his testimony.

Dr. Griffith’s opinion in this case is not credible and has no probative value.”

So this raises the question of why Dr. Griffith, who indicates he is well off financially continues to work at the age of78.

Is it just good sport helping AIG deny injured contractors the benefits they are entitled too?

There is more to come on this weasel.  This claim is just the tip of the iceberg.

See also  AIG, Their DME, the Saga Continues

Judge Turek decision and order

Issue Date: 14 June 2010
In the Matter of
David C. Barnett. Esq.
Ft. Lauderdale; FL
For the Claimant
Billy 1. Frey, Esq.
Jerry R. McKenney; Esq.
Houston, TX
For the Employer/Carrier
Administrative Law Judge
Case No. 2008-LDA-00287

Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Follow the Money, KBR, PTSD and TBI | Tagged: , , , , , , , , , , , , , , | 17 Comments »

!! Junket Time in New Orleans !!

Posted by defensebaseactcomp on March 15, 2010

AIG, CNA, their defense lawyers and claims adjusters, their third party medical providers,  DoL ALJ’s, DoL District Directors  and some of the plaintiff’s lawyers gather for another Dol sponsored conference.  A few days to get to know each other better, discuss how to better “work together”……

Loyola Annual Longshore Conference 2010- Overwhelmingly for the Defense again

March 18 – 19, 2010
Sheraton New Orleans Hotel
New Orleans, Louisiana

Though overburdened with DBA claims the DoL is still sending four Administrative Law Judges to New Orleans with taxpayer money.  Even the new sitting Chief ALJ Purcell has time for this  defense speaker  bloated gathering.

Judge Gee continues her Conference Circuit this week while DBA claims on the West Coast wait as long as a year for a decision after a hearing.

All will  get to play Jeopardy with Rosenow, a privilege normally reserved for the injured unfortunate enough to live within the Cabal’s jurisdiction, or whose lawyers take it upon themselves to put them there because THEY live there.

A few possible answers……

Who is Dr. John Dorland Griffith?     Why is it not PTSD?   Why we call it an IME even though it isn’t?

Posted in AIG and CNA, Department of Labor, Racketeering | Tagged: , , , , , , , , , , , , , | 1 Comment »

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