Posts Tagged ‘Longshore Harbor Workers Compensation Act’
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: CNA, CNA Insurance Company, CNA lies, DBA Claimants, Deadly Paper Games, Deny Medical Care, Department of Labor, Department of Labor Jacksonville District Office, DoL, KBR, LHWCA, Liberty Mutual, Longshore Harbor Workers Compensation Act, Medical Care, Request for Default | 2 Comments »
Posted by defensebaseactcomp on March 14, 2012
Defense Base Act Claimants really are in another War Zone when they must file a DBA Claim.
As it turns out many, too many, of the Plaintiff’s own Attorneys are aiding and abetting the enemy
Last January ALJ Berlin awarded the Dill Widow DBA Death Benefits in a very important PTSD/Suicide Claim.
This claim was denied for five years while Wade Dill’s widow Barbara’s integrity was brutally attacked as though she had pulled the trigger herself.
KBR refused to supply Wade Dill’s medical records and other reports which would have exposed the state of mind he was in while still in Iraq. But it is OK to defy discovery if you are AIG/KBR-SEII. Do not try this yourself, you’ll lose your claim.
Dennis Nalick was the Attorney who brought this claim to a successful decision.
Barbara Dill’s next Attorney, Bruce H Nicholson, refused to address misinformation in the records saying “you won the claim why would you want to mess with it”.
Mr Nicholson refuted any suggestion that this very important decision would be appealed. He went so far as to tell the Widow that she should discontinue corresponding with those who assured her it would be. Bad people we are, just trying to upset her needlessly.
AIG KBR SEII via Michael Thomas appealed the decision.
Mr Nicholson never responded to the Benefits Review Board on behalf of the Widow though he assured her he was on top of it and he and the widow corresponded regularly.
On February 28 the BRB overturned the ALJ’s decision, unopposed. The widow was not represented at all.
Mr. Nicholson was though, prior to this decision, negotiating a “settlement” with Michael Thomas and AIG which would take this important PTSD Suicide decision out of this WAR as case law for all impending and future PTSD Suicide claims. The same Mr Nicholson who posted here at the blog in response to the award:
“The decision represents a sound road map for work related contractor suicide claims and is unlikely to be overturned when followed.”
We ask, is no one in this wretched biased system held to any standard of ethical practice?
Mr Nicholson was responsible for representing the Widow and he did not.
Would it not have been a requirement of those who were involved in this to make the widow aware, to speak up?
We do not kid ourselves that this was simply a case of friendly fire. There was too much at stake here.
Posted in AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Follow the Money, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Suicide | Tagged: DBA Attorneys, AIG, ptsd, Post Traumatic Stress Disorder, KBR, Longshore Harbor Workers Compensation Act, Ethics, AIG WAR, SEII, Defense Base Act Attorneys, DBA Lawyers, Defense Base Act Lawyers, PTSD Suicide, Benefits Review Board, Bruce H Nicholson, Bruce Nicholson, Michael Thomas, Dill Vs SEII, BRB, Appeals | 3 Comments »
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: Aaron Walters, Bruce H Nicholson, Bruce Nicholson, DBA Attorneys, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Lawyers, Dennis Nalick, Department of Labor, LHWCA, Longshore Harbor Workers Compensation Act, Malpractice Insurance, Mathew Singer | 2 Comments »
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
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: Bill S.669, Civilian Contractors, Contractor Casualties, DBA, Defense Base Act, Georgia, Insurance Company Pay Offs, LHWCA, Longshore Harbor Workers Compensation Act, US Senator Johnny Isakson | Leave a Comment »
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: DBA, Defense Base Act, Defense Base Act Claims, Defense Base Act Insurance, Department of Labor, DoL, injured war zone contractors, LHWCA, Longshore Harbor Workers Compensation Act, Maritime Claims, Miranda Chiu, OWCP, ptsd, War Hazards Act, WHA | 1 Comment »
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.
To ammend the Longshore Harborworker’s Compensation Act to improve the compensation system and
for other purposes.
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: Ammendments, Bill: S.699, DBA, Defense Base Act, Defense Base Act Insurance Companies, Department of Labor, LHWCA, Longshore Harbor Workers Compensation Act | 4 Comments »
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: DBA, Defense Base Act, Delay Deny Hope that I die, Department of Labor, LHWCA, Longshore Harbor Workers Compensation Act, Post Traumatic Stress Disorder, ptsd | 7 Comments »
Posted by defensebaseactcomp on March 5, 2011
So what have you learned as a legal intern?
Posted in Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, Follow the Money, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Racketeering | Tagged: Administrative Law System, Attorneys, Defense Base Act, Department of Labor, Judges, Lawyers, Longshore Harbor Workers Compensation Act | 1 Comment »
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: Charles D Naylor, DBA, DBA Attorneys Fees, Defense Base Act, Joshua Gillelan II, LHWCA, Longshore Claimants National Law Center, Longshore Harbor Workers Compensation Act | 2 Comments »
Posted by defensebaseactcomp on February 17, 2011
Longshore Act: Reasonable Hourly Rate Determination – Overview of Recent Decisions
Posted by the BRB Staff at Lexis Nexis
By Yelena Zaslavskaya
Senior Attorney for Longshore, Office of Administrative Law Judges
U.S. Department of Labor, Washington, D.C.
A. The Governing Law
Section 28 of the Longshore Act, 33 U.S.C.S. § 928, provides for an award of a “reasonable attorney’s fee” to a prevailing claimant’s attorney payable by employer (Longshore and Harbor Workers’ Compensation Act, 33 U.S.C.S. § 901 et seq.).
See also 20 C.F.R. §§ 702.132, 802.203.
Section 702.132(a) provides that a fee application must indicate the normal billing rate for each person who performed services on behalf of the claimant. The regulations further provide that any attorney’s fee approved shall be reasonably commensurate with the necessary work done and shall take into account the quality of the representation, the complexity of the legal issues involved, and the amount of benefits awarded.[FN2] 20 C.F.R. § 702.132(a),
see also 20 C.F.R. § 802.203(e).[FN3] In addition, case law addressing what constitutes a reasonable fee under other federal fee-shifting statutes is also applicable to fee determinations under the LHWCA. See City of Burlington v. Dague, 505 U.S. 557, 120 L. Ed. 2d 449, 112 S. Ct. 2638 (1992); see also Stanhope v. Elec. Boat Corp., 44 BRBS 107 (2010) (and cases cited therein).
Continue reading this post with corresponding case law here
From the Longshore Manual
- Determination of Reasonable Legal Fee.
- In determining whether a fee is reasonable, a number of factors must be considered. A partial list of factors is provided in subparagraph 7b, below, but it is not all-inclusive. Although there may be a broad agreement on the factors to be considered in setting fees, in practice the standards of what is appropriate compensation for claimant’s counsel vary markedly from one State to another (The Law of Workmen’s Compensation, Arthur Larson). The variation is reflected not only in statutory limits but also in administrative and judicial decisions.
- The following factors should be considered in determining a reasonable legal fee (See 20 C.F.R. section 702.132):
- Usefulness and necessity of the representative’s services to the claimant.
- Nature and complexity of the claim.
- Actual necessary work performed (the itemization showing the dates on which services were performed, brief descriptions of services, time spent on each, and the amount of fees requested. Time spent in preparation of a fee application is a appropriate factor to be considered in the determination of a reasonable attorney fee). (See LHWCA Circular No 97-01).
- Amount of benefits involved.
- Customary local charges for similar services.
- Professional qualifications of the representative.
- When the fee is to be assessed against the claimant, the financial circumstances of the claimant are also to be taken into account.
- Enhancement for extraordinary delay in receiving payment. (See Anderson vs. Director 30 BRBS 67 (CRT) and LHWCA Circular No 97-01).
- Whether the fee is reasonable in relation to the results obtained. [(See Bullock v. Ingalls Shipbuilding 27 BRBS 90, July 16, 1993, for a decision of the two-prong test under Hensley vs. Eckerhart 461 U.S. 424 1983).]
- In considering the factors above, emphasis is given to the factor in subparagraph 7b(1), above. Before considering the other factors, the necessity or usefulness of the representative’s services should be considered. If the necessity for the service is questionable, the fee should be kept to a minimum. Many States prescribe, by statute or administrative regulation, the maximum dollar or percentage amount which can be charged. Others permit a sliding scale which allows certain percentages on various portions of the award.Since almost all States in one way or another regulate the amount of legal fees for claimants’ representatives, any person approving a legal fee under this act should be aware of the various States’ workers’ compensation laws governing attorney’s fees in that DO’s jurisdiction.
- If the requested fee is reduced, the DD must advise the attorney or representative in writing of the reduction, and state the reason(s) for the reduction. This may be stated in the compensation order approving the fee or in a letter accompanying the compensation order; however, any change must be justified. The recipient of a fee for representation of a claimant, if dissatisfied with the amount awarded, may appeal to the Benefits Review Board (BRB) for a review of the award.
- In the absence of collusion, when the parties in arm’s length settlement negotiation have reached an agreement on the amount of the fee which is the responsibility of the employer/carrier, the DD should approve the fee unless it is clearly excessive (Ballard v General Dynamics, 12 BRBS 966 (1980) and Watkins v Ingalls, 26 BRBS 179 (1993)).
Posted in Civilian Contractors, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor | Tagged: DBA Attorneys, DBA Lawyers, Defense Base Act, Determination of Legal Fees, Legal Fees, Longshore Harbor Workers Compensation Act | Leave a Comment »
Posted by defensebaseactcomp on January 10, 2011
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: DBA, Defense Base Act, Department of Labor, DoL, LHWCA, Longshore Conference, Longshore Conference 2011, Longshore Harbor Workers Compensation Act | 3 Comments »
Posted by defensebaseactcomp on July 3, 2010
We have recently posted a page here Independent Medical Examinaions which contains the Laws, Regulations, and Rules according to which Independent Medical Examinations under the Defense Base Act are to be arranged and carried out.
Independent Medical Examinations are to be arranged by the District Office of the DoL, not by the insurance company or their attorneys.
In fact, a doctor chosen by the DOL may not have worked for or been paid by any insurance company to perform a medical evaluation for two years prior to your evaluation.
Such review or reexamination shall be completed within two weeks from the date ordered
The place for the evaluation must be reasonably convenient for the employee.
No physicians for the employer shall be present or participate, nor shall any conclusions by them be available to the examining physician (except for situations that the DO deems it necessary).
No physician previously connected with the case shall be present
It is generally preferable to have the parties participate in the selection of the physician
This ALJ’s, Injured Contractors, Insurance Companies, and Attorney’s would be an
Independent Medical Evaluation under the DBA
The insurance company is allowed to request a “Second Opinion” which is not an Independent Medical Evaluation by any stretch of the imagination.
The DoL has stated the term “Second Opinion” is the only one they recognize for Defense Medical Examinations.
Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Political Watch | Tagged: Administrative Law Judges, Claims Examiner, DBA Insurance Company, Defense Base Act, Department of Labor, District Director, District Office, Indpendent Medical Examinations, injured contractors, Longshore Harbor Workers Compensation Act | Leave a Comment »
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: ACE, AIG, Claims Adjusters, CNA, DBA Insurance Company Attorneys, Defense Base Act, Employer/Carrier, LHWCA, Longshore Harbor Workers Compensation Act | 8 Comments »
Posted by defensebaseactcomp on May 21, 2010
Signal/NAWE Maritime Conference June 3-4 2010 Chicago
Signal Mutual Indemnity Association Ltd. and National Association of Waterfront Employers
Representatives from the Department of Labor will join long-time practitioners in spirited discussions on how to create innovative opportunities to improve current practices and procedures
Acting Chief Judge Stephen Purcell,
Retired Judge John Vittone, and
Janice Ulan; U.S. Department of Labor, Benefits Review Board
The Longshore Harbor Worker’s Compensation Act and The Defense Base Act Administrative System is adversarial enough without high ranking DoL Officials spending taxpayer money to attend a conference designed purely to help the insurance companies and their attorney’s to create even more
“Innovative Opportunities to improve current practices and procedures”
Posted in Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, OALJ | Tagged: Civilian Contractor, Contractor Casualties, DBA Attorneys, Defense Attorneys, Defense Base Act, Defense Base Act Attorneys, DoL OALJ, Longshore Attorneys, Longshore Harbor Workers Compensation Act, Longshore Harbor Workers Compensation Actn, NAWE, SIgnal | 1 Comment »
Posted by defensebaseactcomp on May 1, 2010
The DoL has refused to answer our questions even when directed to the person we were assigned.
So if anyone has $210.00 and a way to Houston on Friday, maybe you can get some questions answered.
Loyola University New Orleans College of Law In Cooperation with The United States Department of Labor
Presents A Day with the DOL
Basics to Expert
A Chance to go One on One With OWCP and OALJ on Longshore Questions
From A to Z
Friday, May 7, 2010
9:00 a.m. to 3:00 p.m.
Mickey Leland Federal Building
1919 Smith Street, 10th Floor (Bayou Room), Houston, TX
See the schedule and speakers here
Posted in Civilian Contractors, Contractor Casualties and Missing, Department of Labor, Political Watch | Tagged: Civilian Contractor, DBA, Defense Base Act, Department of Labor, DoL, injured contractors, LHWCA, Longshore Harbor Workers Compensation Act | Leave a Comment »