Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘LHWCA’

CNA’s Deadly Paper Games and Outright Lies Condoned by the Department of Labor

Posted by defensebaseactcomp on November 2, 2012

How do AIG and CNA get away with telling so many lies and paying for so little ?  

They get help from those put in place to “ensure that workers’ compensation benefits are provided promptly and properly” 

The Department of Labor’s Jacksonville Florida District Office Director Charles D Lee, formerly of Liberty Mutual, gave his seal of approval to CNA’s lies by refusing to find them in default of an order that he signed himself.  It took seven years to get this order.

If Mr. Lee does not remember signing this order over two years ago he should.  While he signed the order for medical and indemnity probably without reading it, slapped a form cover letter to it,  he did not bother to determine the amount of back indemnity and interest owed which allowed CNA to not pay on time and escape the 20% per day penalty.   So few penalties apply and so little enforcement of those that do.

It took many telephone calls and finally assistance from Michael Niss, the Director, Division of Longshore and Harbor Workers’ Compensation Office of Workers’ Compensation Programs at the time,  to encourage him to do his job.  He was not going to do it just because an injured contractor had not received his check  and was trying to find out why.

The failure on the District Director’s part to find CNA in 18 a Default occurred despite having in his possession legitimate proof, letters from Doctors stating that they had never been approved and had in fact been denied payment.

Proof of CNA lies to the new Claims Examiner, who comes to us from KBR with a KBR attitude, are ignored by everyone in the DoL from herself, Charles D Lee, Kristina Hall, to Eric Richardson, Miranda Chui, to the DOL IG.

CNA never produced a receipt for paying back  years of Medical Care that they were responsible for and refused to provide but Charles D Lee determined that they did so based on their attorney saying  that they did. 

CNA paid for a small fraction of the past medical care, finally, 16 months after the order was signed.  While this is clearly a 16 month default during which time the claimant has this debt hanging over his head despite having an Order in place, CNA is not held responsible.  A receipt has never been produced.  Charles D Lee takes them at their word while their lies are in his hands.

No dollar value is applied to the damages caused by a refusal to provide medical care for years on end and so there is no penalty or recovery.

We talk with contractors everyday who have orders in place for medical that  never receive it. 

The lengthy efforts your attorney must go through to try, not necessarily succeed, to secure the medical care is considered to be “Janitorial” work by CNA that they should not have to pay for.

Why not continue with the Deadly Paper Games when it saves you so much money and the very people that are supposed to be looking out for the claimant condone these criminal actions?

No dollar value is applied to the temporary injuries which become permanent at the hands of CNA.

The hands of CNA, their claims examiners, and their attorneys are so gently stroked by the Departments of Labor’s Jacksonville District Office. 

The Blood is on all of their hands.

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Follow the Money, Hope that I die, Injured Contractors, Interviews with Injured War Zone Contractors, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Liberty Mutual, Misjudgements, OALJ, Political Watch, PTSD and TBI, Racketeering, Veterans, War Hazards Act | Tagged: , , , , , , , , , , , , , , | 2 Comments »

Annual October 1 Increase in AWW (Section 10(f))

Posted by defensebaseactcomp on September 21, 2012

Effective October 1, 2012 through September 30, 2013 the national average weekly wage will be

$1,325.18

This is up by 2.31%

which is an increase of

$29.98

per weekover this years AWW of

$1,295.20

NAWW Information from the Department of Labor LHWCA

Posted in Defense Base Act, Defense Base Act Law and Procedure, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act | Tagged: , , , , , , , , | Leave a Comment »

Average Weekly Wage & Residual Earning Capacity in DBA Cases: Beware Adjuster Sleight of Hand

Posted by defensebaseactcomp on July 26, 2012

Guest Post by Doug Grauel, ESQ  July 26. 2012

DBA insurance companies scurry a lot.

They can’t seem to take a claim, look at it, make a reasoned statement of how they see it, and have a conversation about it. Instead they see a claim coming, so they scurry. The scurrying gets so fast it’s like watching a magician running a shell game. One of the favorite deceptions has to do with Average Weekly Wage (on the front end) or Residual Earning Capacity (sometimes called Residual Functional Capacity) on the back end.

Average Weekly Wage (AWW) is generally thought of as the rate of pay that an injured worker was making at the time that he or she was hurt. Section 10 of the Longshore Act tells you how to calculate AWW–sort of.  For most overseas war zone contractors,  AWW is the amount that you would have earned working at your regular, time-of-injury job for one year, divided by 52.  This means that you include overtime, hazard pay, and all the rest to your base pay, figure out what a “typical” year would have looked like, and divide by 52. Roughly. If you are unlucky enough to get hurt before you have worked a year, then there is issue of possible annual or completion bonuses. Workers who are hurt in the third year of overseas work, even if each year was a one-year stint, have stronger claims for higher wages than workers who get hurt six weeks after they arrive on base. It’s just how the world works.

Carriers love this simple trick:

Overseas contractors often earn enough that their DBA/Longshore compensation rate is the maximum. So if you’re an adjuster, do you bother to figure out the real AWW?   No way: You just say, “This year’s max is $1295.20. The comp rate is 2/3 AWW, which is the same as .666xAWW. So .666xAWW=$1295.20.  Therefore AWW=$1295.20/.666= $1944.74.” But $1944.74×52=$101,126.48.  Plenty of overseas contractors are making more than that if you include hazard pay, overtime, and so on.  So that AWW that the adjuster cooked up is too low. Why should you care, if you get the max rate anyway?

Here’s why: After you get a little medical treatment, suddenly the adjuster sends you a “Labor Market Survey,” claiming that you could be working at $12.00 an hour for 35 hours a week. That’s about $420 per week, or $21,840 per year. So now your comp benefits go down, because the carrier says your comp rate should be 2/3 of the difference between AWW at the time of injury ($1944.74) and your residual earning capacity ($420). $1944.74-$420=$1524.74. $1524.74x.666=$1015.48.

Presto: You lose $1295.20-$1015.48=$279.72 per week, or $14,545.44 per year.

All because the adjuster didn’t want to figure out what your real AWW should be.

Douglas Grauel, Esq. |

dgrauel@grauellaw.com | (603) 369-5010 | 15 N. Main St. Concord NH 03301 | http://www.grauellaw.com

Posted in ACE, AIG and CNA, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, LHWCA Longshore Harbor Workers Compesnation Act | Tagged: , , , , , , , , , , , , , , | Leave a Comment »

Defense Base Act Attorney Alert

Posted by defensebaseactcomp on March 2, 2012

At the risk of sounding repetitive:

It is NEVER a good thing when your DBA Attorney/Lawyer is not returning your calls and emails

It is NEVER a good thing when your DBA Attorney/Lawyer is not sending you copies of correspondence and actions on your claim

It is NEVER a good thing when your DBA Attorney/Lawyer refuses to send evidence to the DoL Claims Examiner when asked to do so

It is NEVER a good thing when you never receive copies of actions on your claim from the DoL

If your DBA Attorney/Lawyer is, or ever was, Bruce Nicholson, or

If your DBA Attorney/Lawyer was Dennis Nalick and you left your file with Matthew Singer or

If your DBA Attorney/Lawyer is one of the sign em and stack em high volume, low results, insurance company favorites or

If your DBA Attorney/Lawyer does not have malpractice insurance (it is not required to handle DBA claims)……

Remember that it is you and your families future at stake and stay on top of your claim

Because these DBA Attorneys/Lawyers are capable of saving the insurance companies millions of dollars on the backs of widows and disabled contractors

YOU must do this for yourself and do it when you first begin to have doubts

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, Department of Labor, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act | Tagged: , , , , , , , , , , , , , | 2 Comments »

Insurance Companies buy Republican US Senator, among others, to Further Deny Your Rights under the DBA

Posted by defensebaseactcomp on February 16, 2012

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

Here's Johnny !!

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.

TRACK THIS BILL

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 Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Delay, Follow the Money, Hope that I die, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, Racketeering | Tagged: , , , , , , , , , | Leave a Comment »

Appointment of Miranda Chiu DIRECTOR, DLHWC

Posted by defensebaseactcomp on December 28, 2011

This news release at the DoL’s website is NOT dated but this was a recent appointment though she has been in the position for nearly a year now.

Miranda Chiu  is much appreciated by the Defense Attorneys

Dropping the DBA Ball

She did not even implement her own policies, regulations, and procedures

Looks like DBA Claimants are in for a lot more of the same bias in favor of the insurance companies if the last nine years serve as an indicator

The Office of Workers’ Comp Programs announces the appointment of Ms. Miranda Chiu as the Director of the Division of Longshore and Harbor Workers’ Compensation. Ms. Chiu has served as Acting Director of the Longshore Division for the last eight months, and as the Division’s Chief of the Branch of Policies, Regulations and Procedures for eight years before that.

Ms. Chiu has extensive experience in Longshore claims. She worked in various capacities in the Longshore arena for thirty years, beginning as a Claims Examiner in the San Francisco Longshore district office, then as a maritime claims supervisor in private industry and a legal assistant at a major Longshore law firm, before taking on her duties as Branch Chief in 2002.

Ms. Chiu holds a Masters Degree in Comparative Literature, and has published a lead article in ‘The Longshore Textbook’, 2nd and 3rd Editions. She is a frequent speaker at industry seminars and educational events and has won numerous awards for her work at the Department of Labor

Posted in Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, PTSD and TBI, War Hazards Act | Tagged: , , , , , , , , , , , , , , | 1 Comment »

Defense Base Act Defense Medical Examinations: Rewriting the Report

Posted by defensebaseactcomp on November 23, 2011

As a Defense Base Act Claimant you are required to submit to an examination by a physician the insurance company chooses for a second opinion.  These examinations are often improperly (fraudulently ?) referred to as Independent Medical Examinations which are something very different under the LHWCA/DBA.

Doctors who will do this work for insurance companies are generally known to write reports favorable to the insurance company.  Otherwise they would not continue to reap the large fees they receive for a single visit and much larger fees for being deposed under oath or testifying live at an ALJ hearing.

On occasion a DME Doc will actually acknowledge the claimants true diagnoses or simply not deny it vehemently enough to suit the insurance company that hired them.  So the insurance company asks them to rewrite the report, sometimes even telling them exactly how they want the report worded.

When the DME Doctor does not comply some insurance companies will go so far as to have another physician who has never even seen the patient, rewrite the report in their favor, and without your permission to use your private medical records.  This may be referred to as a Peer Review.

We know they do, we have some of the emails and the reports.

Add to your DME preparation list a signed HIPAA form directing the DME Doctor to provide your treating physician with any and all medical reports regarding you.  Your treating physician will have these forms and prepare them for you.

You are entitled to any and all reports, lab results, test results, regarding your medical.  You will probably have to have your attorney subpoena these but never ever allow them to not provide them.

Posted in AWOL Medical Records, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Medical Examinations, Department of Labor, Independent Medical Examinations, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, PTSD and TBI | 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 »

PTSD, Post Traumatic Stress Disorder Claims to be Expedited

Posted by defensebaseactcomp on May 16, 2011

According to a Department of Labor’s DBA Claims Administration Status Report dated October 2008

DELAYED CLAIMS DECISIONS ADD TO THE STRESS AND ANXIETY OF THE CLAIMANT

A PTSD claim is presumed to compensible under the Act unless rebutted by substantial evidence

Fast Track PTSD cases through the dispute resolution process

ASSIST the parties to gather factual and medical evidence needed for claims resolution

Schedule informal conferences promptly on request

After Conference if OWCP claims examiners recommendations are rejected, refer the case promptly for hearing upon request.

Posted in ACE, AIG and CNA, Civilian Contractors, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Racketeering | Tagged: , , , , , , , | 7 Comments »

9th Circuit Court of Appeals Upholds Longshore and Harbor Workers Compensation Act

Posted by defensebaseactcomp on February 24, 2011

Feb 18, 2011 – Los Angeles, CA – Just one week after oral arguments were presented, the U.S. Court of Appeals for the 9th Circuit issued its decision in California United Terminals vs. Towne. The 9th Circuit Court of Appeals denied the petition for the case to be reviewed, thus holding employers responsible for the injured party’s (the Claimant’s) litigation costs associated with successful prosecution of legitimate workers compensation claims. The 9th Circuit Court’s decision helps to preserve the purpose and integrity of the Longshore and Harbor Workers’ Compensation Act – to provide fair and timely compensation to injured workers.

“We are pleased that the 9th Circuit is sending a clear message to employers and their insurance carriers – to stop denying legitimate claims by prolonging and increasing the cost of litigation,” said Charles D. Naylor of the Law Offices of Charles D. Naylor (http://www.NaylorLaw.com), a Los Angeles-based law firm specializing in maritime and admiralty law.

“Had the 9th Circuit ruled in favor of California United Terminals, it would have set legal precedent allowing employers to continue their practice of denying medical treatment and delaying payment of legitimate compensation claims.

It would have forced the injured worker to absorb the cost of the employer’s legal shenanigans, making the claims process too risky for injured workers and thus completely ineffective.”

California United Terminals is now likely to ask the United States Supreme Court to hear the case, which they must do within 90 days.

In 2002, Sandra Towne, a 59 year Marine Clerk, was diagnosed with Carpal Tunnel Syndrome, an injury that is most commonly the result of repetitive trauma over time. After conservative, non-surgical care failed, she needed surgery. Towne filed a claim to receive benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) which provides benefits including medical care compensation for temporary disability at 2/3 of average wages while off work and recovering. When her claim was denied, she retained Charles D. Naylor.

“The Longshore and Harbor Workers’ Compensation Act is meant to provide very basic level of compensation and it’s supposed to be made available to those that are injured without the need for an attorney or any litigation,” said Charles D. Naylor, who has represented Ms. Towne since 2002 and has handled hundreds of Longshore and Harbor Workers’ Compensation Act claims throughout his 35-year career.

While seeking conservative treatment, Towne continued to work on the waterfront. Like most longshore workers and marine clerks on the West Coast, Towne received work assignments at the union dispatch hall and often worked for a different employer from day to day.

The law applying the LHWCA is very clear on the following:

• The last employer where a worker is exposed to repetitive trauma is responsible to provide compensation benefits to a worker injured by repetitive trauma.
• If the injured worker has to retain an attorney to collect benefits, and is ultimately successful, the employer is responsible for the Claimant’s attorney’s fees.

Two and a half years after she was diagnosed, Towne’s then employer, California United Terminals, Inc., agreed to pay for the surgery she needed after being joined in the litigation by the judge. In trial court, and before the Benefits Review Board, California United Terminals was ordered to pay all of Claimant’s attorney’s fees.

California United Terminals (CUT) took the case to the 9th Circuit Court of Appeals. On February 8, 2011, CUT argued that they are only responsible for fees during a 13 day period, at most, out of the eight and one half years of litigation, and that the remainder should come out of Towne’s pocket.

The Law Offices of Charles D. Naylor, along with Joshua Gillelan II, Esq. of the Longshore Claimants’ National Law Center, represented Ms. Towne.

An audio transcript of the oral arguments and a copy of the Court’s decision (Memorandum) can be found on the 9th Circuit Court of Appeals website. See the original press release by Charles D Naylor here

Posted in Contractor Casualties and Missing, DBA Attorneys Fees, Defense Base Act Law and Procedure, LHWCA Longshore Harbor Workers Compesnation Act | Tagged: , , , , , , , | 2 Comments »

Yes, there is a Longshore Conference March 24-25, 2011

Posted by defensebaseactcomp on January 10, 2011

Annual Longshore Conference Spring 2011

Loyola Again of course and promoting Roger Levy’s Latest Edition of the DBA/WHCA  Book

NEW LOCATION!

InterContinental Hotel New Orleans, Louisiana

March 24 – 25, 2011

Will update with registration links

Schedule

Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Follow the Money, Injured Contractors, OALJ, Political Watch, War Hazards Act | Tagged: , , , , , , , | 3 Comments »

Division of Longshore and Harbor Workers’ Compensation (DLHWC)

Posted by defensebaseactcomp on December 17, 2010

Division of Longshore and Harbor Workers’ Compensation (DLHWC)

About Longshore (The Defense Base Act is an extension of the LHWCA)

The mission of DLHWC is to minimize the impact of employment injuries and deaths on employees and their families by ensuring that workers’ compensation benefits provided under the Longshore and Harbor Workers’ Compensation Act and it extensions (including the Defense Base Act) are paid promptly and properly, and providing information, technical and compliance assistance, support, and informal dispute resolution services to workers, employers, and insurers.

Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Follow the Money, Injured Contractors, Political Watch | Tagged: , , , , , , | 4 Comments »

WAR HAZARD RECOVERY: The Top Secret Cost of the Iraq and Afghnanistan Wars

Posted by defensebaseactcomp on August 10, 2010

$8 Trillion for Iraq and Afghanistan Wars does not include Veterans or Contractors Care

Contractors currently outnumber troops on both fronts with more on the way.

Never does a cost estimate  include the huge

DIRTY TOP SECRET WAR HAZARDS RECOVERY

Cost’s of the War Hazards Act to the Defense Base Act Insurance Companies, AIG, CNA, ACE/ESIS, Zurich.

Nor do they include the additional burden placed on the  VA system by Disabled Contractors who are denied benefits by the insurers.  These insurers who are falling over each other to take the huge premiums.

Further many of these Disabled Contractors and their families land in our social services systems to  “survive”.

How will we figure the cost of ruined lives, ruined families?

Veterans for Common Sense

August 5, 2010 (Chicago Tribune) – It’s a shame to let accountants spoil the charming romance of war, but sometimes they insist. Recently the Congressional Research Service reported that our military undertakings in Iraq and Afghanistan have marked an important milestone. Together, they have cost more than a trillion dollars.

That doesn’t sound like much in the age of TARP, ObamaCare and LeBron James, but it is. Adjusted for inflation, we have spent more on Iraq and Afghanistan than on any war in our history except World War II. They have cost more in real dollars than the Korean and Vietnam wars combined.

But we can only wish we were getting off so lightly. Neither war is over, and neither is going to be soon. The House just approved $37 billion in extra funding to cover this year, and the administration wants another $159 billion for 2011. That won’t be the final request.

Worse, the CRS figure is only part of the bill so far. It noted the sum doesn’t include the “costs of veterans’ benefits, interest on war-related debt or assistance to allies.” All of those will go on after these wars are over, which someday they may be.

Scholars Joseph Stiglitz of Columbia and Linda Bilmes of Harvard published a book in 2008 called “The Three Trillion Dollar War,” which gives a more realistic estimate. But that, too, is an understatement. They figure that when all long-run costs are factored in, the tab will be at least $5 trillion and could reach $7 trillion, or nearly twice as much as this year’s entire federal budget.

And that was two years ago. I asked Bilmes for an update, and she said some obligations, like veterans’ medical and disability compensation costs, “have exceeded our earlier projections.” Do I hear $8 trillion?

The beauty of the current conflicts, however, is that we can pretend we don’t have to pay for them. Unlike past wars, when taxes were raised to defray the cost, these have been financed with the help of borrowed funds. But eventually the astronomical bill will have to be paid. Read the entire Column here

Posted in ACE, Afghanistan, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Follow the Money, Iraq, Racketeering, War Hazards Act, Zurich | Tagged: , , , , , , , , , , , , , | Leave a Comment »

Lying in DBA Claims is OK for the Attorney, Insurance Company, and the Employer as long as claimant does not die

Posted by defensebaseactcomp on July 3, 2010

All else is on the table

§ 931. Penalty for misrepresentation; prosecution of claims

(c) A person including, but not limited to, an employer, his duly authorized agent, or an employee of an insurance carrier who knowingly and willfully makes a false statement or representation for the purpose of reducing, denying, or terminating benefits to an injured employee, or his dependents pursuant to section 9 [33 USC § 909]if the injury results in death, shall be punished by a fine not to exceed $ 10,000, by imprisonment not to exceed five years, or by both.

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

 
%d bloggers like this: