Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘Longshore Harborworkers Compensation Act’

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 »

AIG, CNA, ACE must also fulfill their legal and moral obligations

Posted by defensebaseactcomp on June 5, 2010

President Obama Friday to BP

“Now, I don’t have a problem with BP fulfilling its legal obligations,” he said. “But I want BP to be very clear, they’ve got moral and legal obligations here in the Gulf for the damage that has been done. And what I don’t want to hear is, when they’re spending that kind of money on their shareholders and spending that kind of money on TV advertising, that they’re nickel-and-diming fishermen or small businesses here in the Gulf who are having a hard time.”

TO:  President Obama from one of our British DBA Casualties

I am so pleased that at long last the President of the USA has decided to make sure people meet not only their LEGAL obligations but also their MORAL ones.

Oh then my disappointment kicked in when he was referring to BP. I agree that BP should meet its obligations in the clean up in the Gulf. I was also pleased to see that he did not want to vent or shout or scream about it but to keep a clear head to resolve the problem.

As for the shrimp fisherman who appeared on TV wanting his life to get back to normal after six weeks,  my heart goes out to him.   However, try three years.   I too would like my life back to as normal as it can be.

Well Mr President let me shout, vent and scream for you.

STOP THE SOUND BITE- MEET YOUR MORAL AND LEGAL OBLIGATIONS

BP HAS HAD LESS THAN TWO MONTHS TO SORT THIS OUT.

YOU SIR HAVE HAD NEARLY EIGHTEEN MONTHS TO MEET YOUR MORAL AND LEGAL OBLIGATIONS TO STOP THE ABUSE OF INJURED CONTRACTORS AT THE HANDS OF THE AMERICAN INSURANCE INDUSTRY AND THEIR OVER PAID ATTORNEYS.

YOU CONTINUE TO ALLOW THEM TO COMMIT FELONIES KNOWING THEY WILL FACE NO SANCTIONS FOR DOING SO.

NO INVESTIGATION IS CARRIED OUT.

THE DOL CONTINUE TO MEET THESE PEOPLE IN CANDLESTINE MEETINGS.

THE  BUZZ WORD IN THE INDUSTRY IS RISK MANAGEMENT

WELL SIR IN CASE YOU DIDN’T KNOW IT MEANS HOW CAN WE PAY LESS NOT HOW CAN WE MEET OUR MORAL AND LEGAL OBLIGATIONS.

Ah that feels so much better I hope you read this sir so next time you appear in the international media spouting off about MORAL obligations you do not look like a complete fool because the rest of the world has access to the internet and reads these things.   We get the US news channels over here so you are on TV all the time.   I hope the UK media pick up on this.  I am sure they will as I have written too them.

One last point, my claim is over one million dollars, I look forward to receiving every single cent and not some compromised deal,  your words sir not mine.


Posted in ACE, AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Law and Procedure, Department of Labor, OALJ, Political Watch, Racketeering | Tagged: , , , , , , , , , , , , , , | 6 Comments »

The DBA’s Section 20 Presumption does not apply to injured war zone contractors?

Posted by defensebaseactcomp on April 10, 2010

CHAPTER 0-300 — LHWCA COVERAGE (JURISDICTION) AND BENEFITS

Presumptions. Section 20 of the Act provides that in any proceeding for the enforcement of a claim for compensation under the Act it is presumed, in the absence of substantial evidence to the contrary

  1. That the claim comes within the provisions of the Act. (Relevant principally to sections 2(2), 2(3), and 3(a) of the Act.)
  2. That sufficient notice of such claim has been given. (Relevant to sections 12, 13 and 30 of the Act.)
  3. That the injury was not occasioned solely by the intoxication of the injured employee. (Relevant to section 3(c) of the Act.)
  4. That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another. (Relevant to section 3(c) of the Act.)Section 20 of the Act provides the claimant with a presumption in the areas covered which shifts the burden to the employer to rebut the presumption with substantial evidence. In order for the section 20(a) presumption to apply to causation, a claimant must establish a prima facie case by proving that he or she suffered some harm or pain, and that working conditions existed or an accident occurred which could have caused the harm or pain. Once the claimant establishes the two elements of the prima facie case, the section 20(a) presumption applies to link the harm or pain with the claimant’s employment. The section 20(a) presumption also applies to the issue of whether an injury arose in the course of employment.

Posted in ACE, AIG and CNA, Contractor Casualties and Missing, Department of Labor, Misjudgements | Tagged: , , | 2 Comments »

 
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