Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘injured contractor’

Untreated PTSD Endangers Families and Others-Donald Henson a result of AIG’s Deadly Mistreatment of Injured Contractors

Posted by defensebaseactcomp on October 19, 2012

Accused Saco gunman had raised red flags

The man’s wife had gotten a protection order and police saw disturbing signs before Tuesday’s standoff.

Perhaps AIG and their claims adjusters, and their  attorneys should be arrested for this

Portland Press Herald

BIDDEFORD — The wife of a Saco man accused of shooting at her and her mother and burning a house down Tuesday had secured a protection-from-abuse order against him on Monday.

Donald A. Henson, 47, was arrested Tuesday night after a three-hour standoff with police at his mother-in-law’s house at 645 Goodwin Mills Road in Dayton. He is charged with aggravated attempted murder, arson and terrorizing.

Police say he shot at his wife and mother-in-law and set two houses and a pickup truck on fire.

Henson made his initial court appearance Wednesday in Biddeford District Court. Justice Paul Fritzsche did not ask him to enter a plea. Henson was being held in the York County Jail on $250,000 cash bail.

Prosecutors had requested $100,000 bail. Fritzsche said he raised it because of Henson’s “incredibly dangerous behavior.”

Henson did not speak during his arraignment. B.J. Broder, the lawyer representing him, said Henson has post-traumatic stress disorder and is disabled.

Broder said Henson was injured in Iraq in 2009 while working as a civilian contractor and it appears that he doesn’t understand his rights because of his mental state.

In an email sent Tuesday morning to Biddeford District Court, a Saco Police Department representative said officers were concerned about Henson’s potential for “homicidal/suicidal” actions

Please read the entire story here

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, Injured Contractors, Iraq, Melt Down, PTSD and TBI | Tagged: , , , , , , , , , , , , | 2 Comments »

Colin Erwin, National Guard, Civilian Contractor, injured in Afghanistan

Posted by defensebaseactcomp on May 10, 2012

Colin Erwin was wounded by mortar fire in Afghanistan.

Sgt. Erwin was working overseas as a contractor. Even though the war veteran left his uniform behind this time, he wasn’t out of harm’s way.

Hundreds Welcome Injured Soldier/Contractor Home

HUNTSVILLE, AL (WAFF) –  May 10, 2012

A wounded Huntsville solider is on his way home from Afghanistan and you can show your support for him this week.

Sgt. Colin Erwin is with the 203rd MP Alabama Army National Guard. He was working as a contractor supporting the Army when the gym he was in took a direct hit from mortar fire.

Sgt. Erwin’s mother said her son suffered injuries to the torso and right leg.

Sgt. Erwin will arrive at Huntsville Airport Thursday at 10:30 a.m. He will be escorted home by friends, family and patriot guard riders.

Anyone interested in welcoming home this wounded warrior is asked to be at the Huntsville Airport by 10 a.m. Madison Fire, Monrovia Fire and Heritage Elementary will line the streets along the route on County Line Road to Old Railroad Bed Road. The family invites supporters to also line the route.

Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Injured Contractors | Tagged: , , , , | Leave a Comment »

Department of Labor Refusal to find CNA in 18(a) default of order

Posted by defensebaseactcomp on December 22, 2011

As referenced in the previous post Department of Labor District Offices Dead in the Water Scott Bloch filed a request to find CNA in 18(a) Default of an Order on behalf of Merlin Clark on September 16, 2011.

Merlin Clark has been denied medical by CNA since 2005 after being blown up in 2003.  An order signed by an ALJ and issued by the Jacksonville District Director in October of 2010 has not been complied with.

After giving CNA nearly a year to comply this request was filed just prior to the one year deadline for doing so.  It’s not that they did not have the opportunity for nearly year to comply, if not five prior years to live up to their contractual obligations to the taxpayer.

Yet this 18 (a) Request for a Default has been denied due process.  Three additional months of non compliance on top of nearly a year.  No attempts by CNA to bs their way out until this issue was posted here on the blog.  They know there is no consequence to them when they do not comply with orders.

Instead of issuing a supplemental order  and allowing Mr. Clark to exercise his rights outside of this broken Administrative Law System the District Director has taken it upon himself to attempt to mediate this already decided claim yet again.

Where does this Not Very Merry Go Round stop, if ever?

Why does the Department of Labor repeatedly side with the insurance company with no regard to the health and well being of injured war zone contractors and their families?

Who is benefiting from this?

Posted in AIG and CNA, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Delay, Deny, Department of Labor, Follow the Money, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, OALJ, Political Watch, PTSD and TBI | Tagged: , , , , , , , , , , | 12 Comments »

American Civilian Contractor Injured in Attack on Foreign Base Kandahar

Posted by defensebaseactcomp on October 27, 2011

Attack on foreign base ends after six hours; one killed  October 27, 2011

Kandahar (dpa) – One Afghan interpreter was killed Thursday in an attack on a NATO-led reconstruction office in southern Afghanistan that lasted six hours, police said.

Three attackers climbed a building close to the Provincial Reconstruction Team (PRT) office of the NATO-led forces in Kandahar city and launched an attack on the compound, said Salim Ehsas, the commander of police for that zone.

‘The fight is over. Two of the insurgents were killed by police and one escaped. We are looking to find him,’ Ehsas said.

NATO’s southern command said in a statement that an Afghan interpreter was killed in the gun-battle in the volatile southern province of Kandahar.

Five international soldiers, an American civilian contractor and two Afghan security guards were also injured in the attack, the statement said


Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Injured Contractors | Tagged: , , , , , , , , | 1 Comment »

Iraqi Interpreter dies of “unknown cause” after being denied benefits by DBA Insurance Company

Posted by defensebaseactcomp on September 26, 2011

Why was this injured contractor on Medicaid for L-3 Titan and the DBA Insurance Companies responsibility?

Friends seek to raise $15,000 to send body of Iraqi interpreter back to Baghdad for burial

He was frustrated that his service did not seem to afford the kind of respect and care that he expected of the U.S. government when he came here and he really wanted to go back to Iraq.

–Matthew LaPlante

SALT LAKE CITY –– KSL TV  September 26, 2011

At a prosthetics center in Salt Lake City, Diyar al-Bayati looks at the painful set of legs he got in Jordan. (Ramin Rahimian, Special to The Denver Post) Read more: Iraqi interpreters at loss for words - The Denver Post

Friends of an Iraqi interpreter who served with U.S. troops in the Iraq War are scrambling to raise thousands of dollars to send his body back to Baghdad for proper burial.

Diyar al-Bayati died in Salt Lake City last week, alone in his apartment, of unknown causes. He’d been living in Utah for several years — the last stop in a long and winding road.

A group of suitcases sit in a corner of the apartment of Ali Al-Amri and his wife Janae. They contain the worldly possessions of their friend Diyar al-Bayati, a former Iraqi translator for the U.S. military.

“I’m sad because he’s my friend,” Ali said. “I work with him a couple of years.”

Ali worked as Diyar’s caretaker after Diyar arrived in the U.S. in 2008. Diyar lived in Baghdad, working as a translator with military contractor L-3/Titan.

Disaster struck in 2006, as Matthew LaPlante, a former national security reporter for the Salt Lake Tribune, explained.

“He’d done 200 combat missions, rolled outside the wire with these guys 200 times and on the very last hour of his very last mission, a really large improvised explosive device, a roadside device, blew up under his Humvee,” he said. “As the story goes, he continued firing at his attackers, basically until he passed out in a pool of his own blood.”

Diyar lost both legs and one arm was mangled. He spent a year in a Jordan hospital.

Two years after the explosion, though his motorized wheelchair was destroyed en route, he arrived as a refugee in Salt Lake City, where his story attracted news coverage.

His friends describe him as strong-willed, optimistic and sociable. But his medical benefits, through the contractors insurance and Medicaid, left him frustrated, and he never got a pair of decent prosthetic legs.

“He was frustrated that his service did not seem to afford the kind of respect and care that he expected of the U.S. government when he came here and he really wanted to go back to Iraq,” LaPlante said.

Now, friends are trying to fulfill Diyar’s wish to be buried back home in Baghdad.

“I need from the people to try to help him to come to Iraq, that’s all,” Ali said. “Try to help him. I say please because nobody for him, nobody here. No his mom. No nothing.”

They need to raise $15,000 to send his body back to his mother.

“We just want to get him back home to be with his mom,” Ali said. “Let his mom know that we appreciated her son’s work.”

Diyar al-Bayati died just short of his 25th birthday.

To help raise the roughly $15,000 they need to send his body back to Iraq, friends have set up an account in his name at Wells Fargo Bank

The Republic  September 26, 2011

SALT LAKE CITY — Donations are being sought by friends of a former Iraqi interpreter to send his body back to Baghdad for burial.

Twenty-four-year-old Diyar al-Bayati (dee-YAR’ all-BAY’-yah-tea) died of unknown causes last week in his apartment after living in Utah as a refugee for three years.

Al-Bayati worked as an interpreter for American troops during the Iraq War until 2006, when he lost both legs and an arm after a roadside bomb blew up under a Humvee.

Al-Bayati never qualified for the high-tech prosthetic limbs provided to injured soldiers because he worked for a private contractor.

KSL-TV reports ( that his friends in Utah are now trying to raise $15,000 to return al-Bayati’s body to Iraq, where his mom lives, for a proper burial

Please see the original here

Posted in AIG and CNA, Defense Base Act Insurance, Dropping the DBA Ball, Hope that I die, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI | Tagged: , , , , , , , , | 1 Comment »

Army vet battling private insurer for coverage she feels is due

Posted by defensebaseactcomp on June 13, 2011

“The American Psychiatric Association has a very specific and rigid stance against psychiatrists rendering diagnoses on patients they have not examined.”

Injured as contractor in Afghanistan but denied specialized therapy at home

Kevin Graman The Spokesman Review  June 13, 2011

A highly trained helicopter mechanic sits in her Chattaroy home and wonders what will come next: another debilitating brain seizure or the therapy she hopes will help her recover from injury as a result of a mortar explosion 20 months ago in Afghanistan.

Jennifer Barcklay says she is being denied the specialized inpatient medical treatment her doctors believe is her only hope for a normal life.

“These are war crimes, using taxpayer dollars to profit from injuries incurred by people fighting for our freedom,” Barcklay says.

Although she is a U.S. Army veteran, Barcklay, 40, was injured as a civilian working for Blackwater, the private security contractor now known as Xe Services. She and thousands of other civilian employees injured in the defense of their nation have had to navigate an often unresponsive private insurance system.

Xe’s insurance carrier has so far denied Barcklay expensive inpatient treatment known as cognitive rehabilitation therapy, which was recommend by eight Spokane area physicians and mental health care providers.

She suffers from traumatic brain injury, the signature wound of the Iraq and Afghanistan wars, for which thousands of U.S. soldiers are receiving care in military or Department of Veterans Affairs facilities. Like many of them, she continues to endure seizures, memory loss, headaches, tremors and problems with her balance that prevent her from returning to work.

Under the Defense Base Act of 1941, defense contractors must provide medical and disability insurance for their workers in war zones. The premiums are included in the companies’ contract with the Department of Defense.

There have been nearly 56,000 such claims for injuries or deaths from the start of the Iraq war to 2009. That year, a congressional investigation found that insurance companies had collected $1.5 billion in premiums, while they paid out about $900 million in compensation and expenses.

Another World War II-era law, the War Hazards Compensation Act, reimburses the employer or insurer for injuries or death to a worker caused by an act of war. The insurer is reimbursed by the taxpayers for 100 percent of the claim, plus 15 percent for administrative costs. From 2003 to 2010, the federal government paid more to insurers for expenses, $19.7 million, than it paid in compensation, $12.1 million, to claimants under the act.

More than three-quarters of the Defense Base Act claims were handled by American International Group, which was rescued in 2008 by the U.S. government in the largest corporate bailout in history.

An AIG subsidiary, Insurance Company of the State of Pennsylvania-Chartis WorldSource, took months to authorize a neurological evaluation for Barcklay. Now Chartis is refusing to pay for her inpatient treatment.

“Frankly, I am appalled at how many obstacles have been placed in the way of her receiving the treatment she needs,” Spokane neuropsychologist Winifred Daisley wrote in a December letter to Chartis case manager Debra Ragan.

Marie Ali, a Chartis spokeswoman, said she could not comment on individual claims but that the company “is committed to handling every claim professionally, ethically and fairly.”

“We provide the highest level of service to our insureds, which includes the prompt adjudication and payment of claims.”

A spokesman for Xe Services said, “The company has worked diligently with the insurance provider to help ensure Ms. Barcklay receives the level of care and treatment she needs.”

Please read the entire story here

See Also

More Than 70 Members of Congress Demand Cognitive Treatment for Troops With Traumatic Brain Injuries

by T Christian Miller from his series at ProPublica Brain Wars

Posted in AIG and CNA, Blackwater, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Defense Medical Examinations, Department of Labor, Independent Medical Examinations, Injured Contractors, Interviews with Injured War Zone Contractors, PTSD and TBI, Veterans | Tagged: , , , , , , , , , , | 2 Comments »

Afghan bomb victim, Chris Fleming, hunts down new life

Posted by defensebaseactcomp on January 23, 2011

by Wally Spiers at

After his legs were damaged in an explosion in Afghanistan, Chris Fleming couldn’t have imagined a normal life, much less a hunting adventure in the wilds of New Mexico.

But in December, the former Collinsville resident found himself hiking through mountains and hills on his new legs, shooting a trophy elk courtesy of the Illinois Wild Turkey Federation.

Fleming, 28, is a 2000 Collinsville High School graduate and spent eight years in the U.S. Marines. Then he signed on as a security specialist with a private contractor and went to work in Afghanistan.

On June 25, 2009, the truck he was riding in struck an improvised explosive device. The next thing he knew, he was laying in the back of a pickup, badly bleeding. Medical workers quickly stabilized him and had him flown back to the United States in hopes of saving his remaining foot.

But it had to be amputated, and he was left to learn to walk again using artificial legs.

Fleming said he stayed in the Collinsville home of his mom, Pat Fleming, while he was getting medical treatment and new legs. He also was getting a new lease on life with support from family and friends.

“After I was injured, I was really depressed,” Chris Fleming said. “I was down and out and venting to my buddies.”

But plenty of people offered support, and he made it his mission to get better.

He has a website on, (type chrisfleming in the “visit a website” space). It is packed with pictures both of the incident and of his recovery, includes pictures of his new legs and a race between him in a wheelchair and his mom and son, Hunter, on a riding lawn mower.  Please see the entire story here

Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing, Injured Contractors, Interviews with Injured War Zone Contractors | Tagged: , , , | Leave a Comment »

Dwight Pruitt Contractor Back in Wichita After Fall From Helicopter

Posted by defensebaseactcomp on January 18, 2011

By Deb Gruver at The Wichita Eagle

Dwight Pruitt doesn’t remember anything about the day he fell 15 feet off a Black Hawk helicopter in Iraq, crushing his skull and breaking his body.

But if he could, he’d realize what a long journey he took to Via Christi Rehabilitation Hospital in Wichita.

The sheet metal mechanic originally from Riverdale, north of Wellington, had been working as a military contractor for six years when he fell. He’d survived mortar attacks at Joint Base Balad, about 50 miles north of Baghdad, and the landscape of war.

What nearly ended his life was a simple fall that could have happened anywhere.

Pruitt, 65, worked on Black Hawks repairing cracks. He fell off one Dec. 13 or 14 —he’s not sure exactly when.

He knows that he landed on his head on concrete.

“It didn’t flex much when I hit it,” he joked about the concrete.

He knows that he was flown to Afghanistan, where doctors relieved swelling on his brain. Then, he woke up in Germany. He couldn’t talk. His first communication was squeezing a doctor’s hand and wiggling his toes.

“They treated me like I was solid gold,” he said of the doctors at the military hospital.

Meanwhile, a medical team at Via Christi worked to get Pruitt home.

The logistics, wrote Via Christi dispatcher Becky Garwood in an e-mail, involved several communications between Via Christi doctors and Pruitt’s doctors in Germany, a transfer nurse coordinator in Canada and Via Christi’s nursing and bed placement staff, and a Canadian flight service dispatcher and flight service and customs workers at Wichita Mid-Continent Airport. Pruitt’s flight stopped in Iceland and Ontario.

A transport team from Via Christi met him at Mid-Continent when he landed in Wichita.

“This was in every way an international effort, involving a hospital in Germany and a flight service from Canada,” Garwood said. “It was complicated by weather delays and a very long overnight flight originating in Saarbrucken, Germany.” Pruitt arrived at Via Christi Hospital on St. Francis on Dec. 23 and then was admitted to the rehabilitation hospital on North Rock Road on Dec. 28.  Please read the entire story here

Posted in Civilian Contractors, Contractor Casualties and Missing, Injured Contractors, Interviews with Injured War Zone Contractors, Iraq | Tagged: , , , | Leave a Comment »

Winlom Woods, Injured Contractor with Traumatic Brain Injury gets help

Posted by defensebaseactcomp on December 28, 2010

Acres of Hope is Lisa Alberte’s effort to restore life after brain injuries

Lisa Alberte and Winlom Woods take a walk at Acres of Hope and Aspirations, a home and farm in Muskego that helps people with brain injuries and children with special needs, which is owned and operated by Alberte. Woods suffered a brain injury when he was shot in the head in Iraq; the bullet remains lodged in his brain.

by Mike Johnson of the Journal Sentinal

Muskego – A nearly 5-acre compound nestled in a rural area of Muskego is a beacon of hope for people living with brain injuries.

Nurse Lisa K. Alberte started Acres of Hope and Aspirations in May after years of working with those who suffered brain injuries and seeing the toll the injuries took on them.

Some have lost their ability to work. Some have seen their marriages end in divorce. Some can no longer drive.

“I listened to my patients cry. I listened to my patients lose everything,” Alberte said.

She thought: “There needs to be more out there. Be the change you want to see in the world.”

So she plowed her heart into Acres of Hope, a home and mini-farm where she and others provide care, vocational rehabilitation, cognitive skills training and safety training to those living with brain injuries. The organization also helps children with special needs.

Alberte and Acres of Hope also are helping Winlom Woods, 36, of Milwaukee, who was shot in the head July 15, 2006, by a sniper in Iraq while working for a defense contractor.

Woods, who served in the Army National Guard, starts telling what he was doing before he got shot, but he momentarily can’t recall the specifics. He snaps his fingers several times and remembers.

“I was riding in the bobtail (truck). I was the person who rescued people if something happened to them.

“I can’t remember what happened, but I know I got shot. I got shot in the right ear and it got lodged in the middle of my brain,” Woods said.

The bullet is still there.

Alberte, who won a nurse of the year award in 2008, has been working with Woods for some time now.

“I’ve stood by him when most people have given up. I helped put his life back together. Helped him get a relationship back with his children because he didn’t have that for almost two years after being shot. Helped set him up with 24-hour supervision – supportive living,” she said.

“We try to go out and have fun in the summer. We’ve taken him on a boat ride and some convertible rides. He deserves to have the best quality of life possible. We’ve gone to the zoo, the library, movies. We do a lot of different community integration so he can feel like a whole person again.”

The above are excerpts from this excellent story.  Please read the entire story here

Posted in Civilian Contractors, Contractor Casualties and Missing, Injured Contractors, Iraq, PTSD and TBI | Tagged: , , , , , , | Leave a Comment »

S.C. veterans and contractors can proceed with lawsuit over Iraq, Afghanistan burn-pits

Posted by defensebaseactcomp on October 4, 2010

Alex Harley of Goose Creek was exposed to burn pits while serving as a defense contractor in Iraq and now is part of a class-action lawsuit.

More than a dozen South Carolina veterans and defense contractors who allege their exposure to noxious fumes from burning waste dumps in Iraq and Afghanistan led to grievous health issues may proceed with their class-action lawsuit, a U.S. District judge ruled recently.

The suit, filed in South Carolina in June 2009, is among 43 suits across the country that allege fumes from “burn pits” caused cancer, respiratory problems and other illnesses.

Alex Harley of Goose Creek is among the Palmetto State’s plaintiffs.

The 34-year-old father had a clean bill of health before leaving for work as a contractor in Iraq in 2006. Harley was exposed to what he called the “indescribably horrific” fumes during the course of his work and returned to the U.S. with myriad health problems.

“They check you out completely before they send you over there,” he said. “I was completely healthy before I went. Now, I can’t work. I can’t fish. I can’t play backyard football. I can’t do any of the things I used to do.”

Plaintiffs in the 43 cases say Texas-based defense contractors ignored the terms of their government contracts requiring them to safely dispose of waste, and instead burned everything from tires to human body parts in massive pits.

The Houston contractors, KBR Inc. and Halliburton Co., who received billions of dollars from the federal government, deny the allegations and involvement.  Please read the entire story here

Posted in Afghanistan, Burn Pits, Civilian Contractors, Contractor Casualties and Missing, Injured Contractors, Interviews with Injured War Zone Contractors, Iraq, KBR, Toxic Exposures | Tagged: , , , , , , | 1 Comment »

AIG, CNA, ACE the Terror of the DBA Insurance Industry

Posted by defensebaseactcomp on September 11, 2010

From an Injured Ally

Today we remember those killed in the attack on the USA by a group of extremists. Some of us from foreign lands at the bequest of our political masters stepped forward to join the fight against these terrorists. After fighting as part of our armed forces to end the war on terror some of us stepped forward yet again on private contracts to support the war on terror.

Yes we were well paid but if you consider what we earned it is nowhere near what the attorneys or the heads of the insurances companies get paid,  forget the bonuses,  just look at the salaries.

Yet when injured we face the terror of the insurance industry with no support from the political masters who went to war to prevent this terror.









Posted in ACE, Afghanistan, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Delay, Deny, Department of Labor, Dropping the DBA Ball, Follow the Money, Iraq, Political Watch, Racketeering | Tagged: , , , , , , | 4 Comments »

Claimant “alleges” he was injured……

Posted by defensebaseactcomp on July 1, 2010

Alleged Injury

Posted in Department of Labor, Misjudgements | Tagged: , , , , , , , | 7 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 »

Appeals court upholds comp benefits for worker in Iraq

Posted by defensebaseactcomp on February 19, 2010

Service Employees International v. United States Department of Labor

Roberto Ceniceros at Business Insurance

NEW YORK—Substantial evidence exists to find that a truck driver who worked in Iraq is entitled to the maximum allowable workers compensation benefits under the Defense Base Act, a federal appeals court has ruled.

To reach its decision Thursday that the truck driver’s dry eye condition is compensable, the 2nd U.S. Circuit Court of Appeals in New York first had to determine if it had jurisdiction over Defense Base Act appeals.

The law is a workers comp program administered by the U.S. Department of Labor for injuries sustained by private-sector employees working on military bases outside the United States.

Because of divergences in U.S. laws, federal appeals courts have split over whether they have jurisdiction in DBA appeals cases or whether U.S. district courts have jurisdiction, court records show.

In Service Employees International Inc. and Insurance Co. of the State of Pennsylvania vs. Director, Office of Workers Compensation Program, the 2nd Circuit essentially ruled that legislation adopted in 1972 intended to expedite claims processing by skipping district court proceedings and going directly to an appeals court.

After reaching that conclusion, the court upheld decisions by an administrative law judge and a U.S. Labor Department benefits review board. They ordered the employer to compensate Jesse Barrios for a temporary total disability lasting from Dec. 20, 2005, through May 21, 2006, and a partial disability commencing on May 22, 2006.

The employer was also ordered to pay his medical bills.

Service Employees International appealed, arguing among other issues that Mr. Barrios suffered from an eye syndrome before he worked in Iraq and his condition was not caused by his employment there.

But the appeals court found that even a medical expert for the employer said there was “some possibility” that chronic dryness in Iraq could have worsened the eye problem.

The appeals court also said that the administrative judge rationally inferred that working 13-hour days, seven days a week in Iraq is equivalent to an environmental exposure accumulating over several years of “normal work”

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

Murtha succumbs to Infection acquired at National Naval Medical Center in Bethesda

Posted by defensebaseactcomp on February 9, 2010

John Murtha Dead at 77

Contractors as well as soldiers have lost life and limb due to infections acquired at National Naval Medical Center Bethesda, Walter Reed Army Medical Center , Lanstuhl, Brooke Army Medical Center in San Antonio, and the field hospitals in Iraq and Afghanistan.

Feb 4 in stable condition with infection


Virginia Hospital Center said Murtha died “despite aggressive critical care interventions.”

Another casualty of the contaminated Military Medical System?

Posted in Uncategorized | Tagged: , , , , , , , | 2 Comments »

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