October 25, 2012
Voluntary Today, Involuntary Tomorrow
Another Successful Flush by Wackenhut G4S
Will the last Ronco Consulting Corporation Employee out please close the lid ?
Posted by defensebaseactcomp on October 25, 2012
October 25, 2012
Voluntary Today, Involuntary Tomorrow
Another Successful Flush by Wackenhut G4S
Will the last Ronco Consulting Corporation Employee out please close the lid ?
Posted in Afghanistan, Armorgroup, Civilian Contractors, Exclusive Remedy, Follow the Money, G4S, Iraq, Ronco Consulting, State Department, Taxes, Wackenut | Tagged: Armorgroup, Demining, G4S, injured war zone contractors, Landmines, Riff, Riffing, Ronco, Ronco Consulting, Ronco Consulting Corporation, State Department, Wackenhut | Leave a Comment »
Posted by defensebaseactcomp on September 30, 2012
WARNINGS ABOUT KILLER OF SCOT WENT UNHEEDED October 1, 2012
ArmorGroup put the gun in his hand knowing that he was troubled
CONTROVERSIAL security firm G4S ignored warnings not to employ an armed guard in Iraq who went on to murder two of his colleagues, it has been claimed.
The firm recently won a £20million contract to manage the electronic tagging of Scottish offenders.
A spokesman for G4S said: “Although there was evidence that Mr Fitzsimons falsified and apparently withheld material information during the recruitment process, his screening was not completed in line with the company’s procedures.
“Our screening processes should have been better implemented in this situation, but it is a matter of speculation what, if any, role this may have played in the incident.”
Posted in Armorgroup, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, Exclusive Remedy, Follow the Money, G4S, Hope that I die, Iraq, Melt Down, Political Watch, PTSD and TBI, Ronco Consulting, State Department, UK Contractor killed, Wackenut | Tagged: AGNA, Armorgroup, ArmorGroup North America, Civilian Contracotor, Civilian Contractors, Contractor Casualties, Contractor Casualty, Danny Fitzsimons, Darren Hoare, Defense Base Act, Exclusive Remedy, G4S, Iraq, Paul McGuigan, Post Traumatic Stress Disorder, ptsd, Ronco, Ronco Consulting, Ronco Consulting Corporation, Vetting Employees, Whistleblower, WSI | Leave a Comment »
Posted by defensebaseactcomp on June 2, 2012
Several other lawsuits filed by Contractor Employers will expose the extent to which Civilian Contractors were actually working for the CIA and the State Department in capacities that are not known to the public.
It is known that Ronco Consulting has worked for/with the CIA via the State Department .
The Virginian Pilot June 2, 2012
It was a CIA operation.
In court papers filed last month in Raleigh, the defendants say the gift of five guns to King Abdullah II of Jordan during a royal visit to Blackwater’s Moyock, N.C., headquarters in March 2005 was requested, directed and authorized by the Central Intelligence Agency.
Attorneys for the five have filed declarations from two retired CIA officials, including a former Jordan station chief, who say they are familiar with the circumstances of the king’s visit and would be willing to testify about it.
The CIA did not respond to a request for comment.
It’s a new wrinkle in a case that dates to April 2010, when the five security company executives were indicted on a variety of felony firearms charges. One key section of the indictment involved King Abdullah’s 2005 visit to Moyock, during which the monarch was presented a Bushmaster M4 rifle, a Remington shotgun and three Glock handguns.
Posted in Blackwater, CIA, Civilian Contractors, Misjudgements, Political Watch, Ronco Consulting, State Department | Tagged: Blackwater, CIA, Civilian Contractors, Contractor Employees, Independent Contractors, Lawsuits, Ronco Consulting, Ronco Consulting Corporation, State Department, Tax Evasion, Tax Fraud, Taxes | 2 Comments »
Posted by defensebaseactcomp on May 22, 2012
The EEOC granted a former Ronco Consulting Employee and American Injured War Zone Contractor the Right to Sue under the Americans with Disabilities Act after investigating the complaint.
The Americans with Disabilities Act prohibits discrimination against persons with disabilities.
Even those who were disabled due to the negligence of the company in question.
Posted in AIG and CNA, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Department of Labor, Injured Contractors, Misjudgements, Ronco Consultilng, Ronco Consulting, Taxes | Tagged: ADA, Americans with Disability Act, Civilian Contractors, Contractor Casualties, Defense Base Act Class Action Lawsuit, EEOC, Equal Employment Opportunity Commission, injured war zone contractors, Ronco, Ronco ADA, Ronco Consulting, Ronco Consulting Corporation, Ronco EEOC, Ronco Lawsuit, Scott Bloch, Scott J Bloch | Leave a Comment »
Posted by defensebaseactcomp on April 23, 2012
You and your family in our thoughts today and everyday
Posted in AIG and CNA, AWOL Medical Records, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, Dropping the DBA Ball, Misjudgements, PTSD and TBI, Ronco Consulting, State Department, Suicide | Tagged: Contractor Casualty, Post Traumatic Stress Disorder, ptsd, PTSD Casualty, Ronco Consulting, Tim Eysselinck | 3 Comments »
Posted by defensebaseactcomp on December 16, 2011
Posted in ACE, AIG and CNA, Blackwater, Civilian Contractors, Contractor Casualties and Missing, DBA Attorneys Fees, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Department of Labor, Dropping the DBA Ball, Follow the Money, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Ronco Consultilng, Uncategorized | Tagged: ACE, AIG, Branch Chief of Policy Regualtions and Procedures, CNA, Defense Base Act, Department of Labor, Dyncorp, Eric Richardson, OWCP/DLHWC, Ronco Consulting, Scott Bloch, Wackenhut | 5 Comments »
Posted by defensebaseactcomp on September 27, 2011
T Christian Miller ProPublica September 27, 2011
Private contractors injured while working for the U.S. government in Iraq and Afghanistan filed a class action lawsuit  in federal court on Monday, claiming that corporations and insurance companies had unfairly denied them medical treatment and disability payments.
The suit, filed in district court in Washington, D.C., claims that private contracting firms and their insurers routinely lied, cheated and threatened injured workers, while ignoring a federal law requiring compensation for such employees. Attorneys for the workers are seeking $2 billion in damages.
The suit is largely based on the Defense Base Act, an obscure law that creates a workers compensation system for federal contract employees working overseas. Financed by taxpayers, the system was rarely used until the wars in Iraq and Afghanistan, the most privatized conflicts in American history.
Hundreds of thousands of civilians working for federal contractors have been deployed to war zones to deliver mail, cook meals and act as security guards for U.S. soldiers and diplomats. As of June 2011, more than 53,000 civilians have filed claims for injuries in the war zones. Almost 2,500 contract employees have been killed, according to figures kept by the Department of Labor, which oversees the system.
An investigation by ProPublica, the Los Angeles Times and ABC’s 20/20  into the Defense Base Act system found major flaws, including private contractors left without medical care and lax federal oversight. Some Afghan, Iraqi and other foreign workers for U.S. companies were provided with no care at all.
The lawsuit, believed to be the first of its kind, charges that major insurance corporations such as AIG and large federal contractors such as Houston-based KBR deliberately flouted the law, thereby defrauding taxpayers and boosting their profits. In interviews and at Congressional hearings, AIG and KBR have denied such allegations and said they fully complied with the law. They blamed problems in the delivery of care and benefits on the chaos of the war zones
Posted in ACE, AIG and CNA, Blackwater, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Department of Labor, Dropping the DBA Ball, Follow the Money, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, PTSD and TBI, Racketeering, Ronco Consultilng, spykids, State Department, T Christian Miller, Veterans | Tagged: ACE, AIG, Blackwater, Civilian Contractors, CNA, Defense Base Act, Defense Base Act Class Action, injured contractors, KBR, Ronco Consulting, T Christian Miller, Wackenhut | 7 Comments »
Posted by defensebaseactcomp on September 26, 2011
Today Injured War Zone Contractors and Scott Bloch filed a
Class Action Lawsuit
Defense Base Act Insurance Companies
and some Employers.
Scott Bloch files complaint for $2 billion against major government contractors like
KBR, Blackwater/Xe, DynCorp, G4S/Wackenhut/Ronco Consulting
and the global insurance carriers
AIG, CNA, ACE, Zurich,
on behalf of thousands of former employees,
unlawful, fraudulent and bad-faith mistreatment of
injured employees and their families
The Defense Base Act Compensation blog and it’s contributors invite you to
The truth will be exposed
Since 2003, top government contractors like Blackwater, KBR, DynCorp, CSA/AECOM and ITT have been perpetrating a fraud on their employees and on the American public. The silent warriors who work for these companies, many of them decorated former military service members, have been injured, mistreated and abandoned by the contracting companies and their insurance carriers who have been paid hundreds of millions of dollars in premiums.
“It is a grave injustice,” Bloch said, “to those who rode alongside American soldiers, including Iraqi and Afghani Nationals, to be case aside without the benefits of the law. We are supposedly trying to bring them the rule of law. We are supposedly trying to encourage them in democractic institutions. We are the ones asking them to believe in justice and individual rights. This is a travesty to all Americans and those around the world who look to America for an example of humanitarian aid and proper treatment of workers.”
This is a lawsuit for damages in the amount of $2 billion to remedy the injuries and destruction caused to the lives, finances and mental and physical well being of thousands of American families and others whose loved ones were injured while serving America under contracts with the United States. It seeks an additional unspecified amount to punish the companies who made massive profits while causing this harm to people unlawfully and maliciously and working a fraud on the American public who paid them.
“This abusive and illegal scheme by the defendants has been allowed to go on for too long. We are talking about loss of life, suicide, loss of homes, marriages, families split up, “ Bloch said, “and the culprits are the large government contractors who should have treated their employees better, and the mega-insurance companies who were paid a hefty sum to make sure the employees were taken care of with uninterrupted benefits in the event of injuries in these war zones.”
This complaint is filed due to actions and omissions of defendants, in conspiracy with others, and individually, to defeat the right of American citizens and foreign nationals to receive their lawful benefits and compensation under the Defense Base Act (“DBA”), as it adopts the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).
The lawsuit explains that those sued engaged under the RICO statute in an enterprise of fraudulent and or criminal acts to further their scheme to defeat the rights of individuals who have been injured or suffered occupational diseases, and death, while on foreign soil in support of defense activities under the DBA. These acts were perpetrated repeatedly through bank fraud, mail fraud, wire fraud, using telephones, faxes, and United States mail .
“These are heroes, decorated by America’s Armed Services,” said Bloch. “Some of the foreign contractors were decorated special forces soldiers from their countries who assisted the United States in combating threats. The sheer disregard for human dignity and law is reprehensible and deserves punishment. These families and many others who have been harmed need treatment, need compensation, need redress of the wrongs that have been perpetrated by these huge companies and insurance carriers for the last 10 years. They have earned $100 billion per year on the backs of these people, with the blood of these plaintiffs and those whom they represent.”
The was filed in the United States District Court for the District of Columbia and covers individuals from all over the United States, South Africa, Iraq, Afghanistan and other counties.
Contact Scott J. Bloch, PA:
Scott Bloch, 202-496-1290
Posted in Afghanistan, AIG and CNA, AWOL Medical Records, Blackwater, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Department of Labor, Dropping the DBA Ball, Dyncorp, Follow the Money, Injured Contractors, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Racketeering, Ronco Consultilng, State Department, Suicide, Toxic Exposures, USAID, Veterans, Wackenut, War Hazards Act, Whistleblower, Xe, Zurich | Tagged: ACE, AIG, Blackwater, Blackwater/Xe, CNA, Defense Base Act, Defense Base Act Workers Compensation, Department of Labor, Dyncorp, G4S, injured war zone contractors, ITT, KBR, Ronco Consulting, Scott Bloch, Wackenhut, Zurich | 15 Comments »
Posted by defensebaseactcomp on September 21, 2011
Scott Bloch files Amended Complaint against Blackwater on behalf of thousands of former employees for unlawful, fraudulent and unconscionable treatment of employees in fraudulent misclassification as independent contractors
Washington DC September 21, 2011
Since 2007, Blackwater Industries, which has changed its name to Xe Services, has employed over 10,000 personal security specialists to perform operations in Iraq and Afghanistan under lucrative contracts with departments of the United States Government including the State Department and CIA. While employing these individuals, many of whom are decorated veterans of the armed services including Special Forces, Army Rangers, Navy Seals, Blackwater sought to avoid millions of dollars in taxes, withholding, and payments of benefits to these employees by classifying them improperly as independent contractors.
Yesterday, Scott Bloch filed an amended complaint in the class action lawsuit on behalf of four former security specialists, who were injured while working for Blackwater, in order to recover their payment of social security, unemployment insurance, and unpaid benefits and state and local withholding and unemployment insurance, and other unspecified damages. The action is brought on their own behalf and thousands of others who have worked for Blackwater and its newly named Xe Services. The action seeks $240,000,000 in damages for lost benefits, overtime, treble damages and punitive damages, as well as additional amounts as proved for the class of specialists.
The suit also states that one of the representative plaintiffs already had a determination from the IRS that Blackwater misclassified him as an independent contractor. “The IRS already determined in the case of one of my clients that he should have been classified as an employee,“ said Bloch. “Now thousands of people will have to file amended returns. Thousands of people will likely be entitled to benefits they were denied due to the misclassification, including payment of their employer share of pension, health and disability insurance premiums, and other plans that Blackwater filed with the government for its employees, promising it would not discriminate against those employees as they did here.”
“Blackwater made hundreds of millions of dollars from taxpayers and hired thousands of former veterans of military service and police officers. They also had in their ranks Federal Agents, such as current employees of the FBI on leave of absence. They were hired as security specialists in Iraq and Afghanistan,” said Bloch. “It is a grave injustice to them who were mistreated and left without any health insurance or other benefits for their families, and left to fend for themselves in paying into Social Security and Medicare. They laid down their lives to protect dignitaries and carry out duties in support of wars for America, and they deserve better than this. Many of these same men risked their lives to protect everyone from the President of the United States to U.S. Senators, Congressman, U.S. Diplomats, to Foreign Presidential & Diplomatic Figures in one of the most dangerous places on the planet.”
One of the Plaintiffs guarded such dignitaries as the just assassinated Former Afghan President Burhanuddin Rabbani as well as current Secretary of State and then Senator Hillary Clinton.
“Blackwater acted illegally and unconscionably toward these brave individuals,” said Bloch. ”Through their fraud as pointed out in the Amended Complaint, they avoided overtime for security workers who worked sometimes 12-16 hours a day 6 days a week. They were forced to sign agreements they never read and were not given time to read and not given copies, which took away valuable rights and were unlawful in their terms.”
Read full PRESS RELEASE Amended Complaint against Xe Blackwater here.
Contact Scott J. Bloch, PA:
Scott Bloch, 202-496-1290
Posted in Blackwater, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Lawyers, Follow the Money, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, State Department | Tagged: Blackwater, Civilian Contractors, DBA Insurance Fraud, Defense Base Act, Defense Base Act Insurance Fraud, Fraud, Independent Contractors, Internal Revenue Service, IRS, Ronco Consulting, Scott Bloch, Tax Fraud, Tax Misclassification, Xe | 2 Comments »
Posted by defensebaseactcomp on April 22, 2011
April 23, 2004
We lost Tim Eysslinck to PTSD seven years ago today.
May Ronco and their lies, CNA, Roger Levy, Gary Pitts, Judge Kennington and all who followed
carry the weight of having his family denied DBA benefits to their graves.
These are lives you so callously stomp on, neglect, abuse.
We’ve got your back Tim
Posted in AIG and CNA, AWOL Medical Records, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Lawyers, Department of Labor, Dropping the DBA Ball, Follow the Money, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Misjudgements, OALJ, PTSD and TBI, Racketeering, State Department, Whistleblower | Tagged: CNA, Contractor Casualty, Covington Cabal, Defense Base Act, Judge Kennington, Post Traumatic Stress Disorder, ptsd, Roger Levy, Ronco Consulting, Tim Eysselinck | 2 Comments »
Posted by defensebaseactcomp on January 26, 2011
Farewell Good Friend
Rufford “Hobby” Hobson
Visitation will be in the J.W. Call Funeral Home Chapel at 12 noon on Saturday.
Funeral services will be 1:00 p.m. Saturday, January 29, 2011 in the J.W. Call Funeral Home Chapel.
Burial will follow in the Johnson Memorial Park at Pikeville, Ky.
Military services will be conducted at the gravesite by the Wright Patterson Airforce.
Rufford Butler “Hobby” Hobson, age 79, of Hickory Creek, Texas, passed away, December 19, 2010 in Hickory Creek, Texas.
He was born in Floyd County, Kentucky on October 9, 1931 the son of the late Edgar and Hazel Nunnery Hobson. Along with his parents, he was preceded in death by one brother, William Edgar (Billy) Hobson.
He served in the US Army and then the US Air Force where he retired a CMsgt.
He continued to serve his country in Bomb Disposal until his death.
He served in Korea and Vietnam. He loved his country.
Among his many achievements in the Air Force were, Bronze Star, Air Force Conduct Medal with Six Oakleaf Clusters, Small Arms Expert Marksmanship Ribbon, NCO Professional Military Education Ribbon, Army Good Conduct Medal with Three Knots, Korean Service Medal with One Star, Air Forc Longevity Service Ribbon with Six Oakleaf Clusters, National Defense Service Medal with One Star, Vietnam Service Medal with Four Bronze Stars, Republic of Vietnam Gallantry Cross with Palms, Republic of Vietnam Compaign Medal, United Nations Service Medal, Air Force Presidential Unit Citation, Meritorious Unit Citation, Air Force Outstanding Unit Award, Air Force Commendation Medal, Meritorious Service Medal with One Oakleaf Cluster, Vietnam Honor Medal, Combat Infantry Badge, Master EOD Badge, Master Missile Badge.
He is survived by three daughters, Rhonda Coleman (Ronald) of Tampa, FL, Deborah Bass (Eugene) of Seffner, FL and Belinda Torres (Andres) of Seffner, FL.
Two sisters, Josephine Hall of Pikeville, KY and Gaye Hall of Banner, KY.
Seven Grandchildren, Mark Coleman, Jerry O’Neill, Dale O’Neill, Jennifer Tellez, Gene Bass, Ariel Torres and Yesenia Tores.
Ten Great-Grandchildren, Anthony Coelman, Drew O’Neill, Andrew Coleman, Dustin Coleman, Hayley Farr, Katelyn Farr, Gabriel Tellez, Kaylee O’Neill, Anneliese Tellez and Elaine Torres.
Serving as Pallbearers will, Eugene Bass, Andres Torres, Jerry O’Neill, Dale O’Neill, Gene Bass and Drew O’Neill.
In lieu of flowers, contributions in his memory may be made to the D.A.V. Chapter of Johns Creek, 658 Rock Road, Pikeville, Ky. 41501.
Posted by defensebaseactcomp on December 22, 2010
Update: The remains have been positively identified and a funeral set for January 29 in Pikesville Kentucky. The investigation continues. Will update with further details.
Hobby Hobson went missing under suspicious circumstances not long after his employment was terminated by Ronco Consulting. More details soon.
Debbie Bass was cleaning out a closet Monday morning when she came across an old answering machine. She plugged it in and heard the voice of her father, Rufford Hobson, leaving a cheerful message for her in 2006.
It brought back the love she felt for him and the sadness she felt because he has been missing since April 2007.
“Since my mom died in 2008, I’ve been begging and praying that she would send me a sign of him,” Bass said Monday from her home in Florida. “Not two minutes after I heard his voice on that telephone message, I got the phone call: They think they found his bones.”
Hobson was last seen walking away from a woman’s house in Hickory Creek where he had been living. The woman waited three weeks to report him missing, and police did not consider him a missing person even then. Bass said detectives told her that he had the right to leave without telling anyone and there was no sign that anything had happened to him.
She contacted the Denton County Sheriff’s Office, and her 75-year-old father was listed as a missing person and an investigation begun. Hickory Creek police eventually began investigating but soon closed the case.
Hickory Creek police Sgt. Bobby Starnes confirmed Monday that two men found some bones at about 5 p.m. Sunday in a heavily wooded area off Point Vista Road in Hickory Creek Park. Starnes said that out of respect for the family, he would not discuss whether the bones might be Hobson’s or whether any other evidence was found with the bones. He would not discuss the distance between the house where the 45-year-old woman last saw Hobson and the place where the bones were found.
“We don’t want to make any assumptions, but we’re looking into it,” Starnes said.
Troy Taylor, chief investigator for the Tarrant County Medical Examiner’s Denton office, said Monday that his office is investigating the death as a homicide until it determines that it is not. He said the bones were in tattered clothing that matches the description of clothing Hobson wore the last time he was seen.
Taylor said one of the leg bones contains a metal pin, which matches information about Hobson. The skull was missing, he said, but a denture plate was found nearby.
“We already have DNA from his daughter, so we hope to be able to get a match and positive identification in five to seven business days,” Taylor said.
Chris Meegan, 26, and a friend were hiking in the park Sunday when they saw the bones. His mother lives nearby, Meegan said, and he has hiked in the park often.
“My friend picked up a bone and said he found a cow leg,” Meegan said. “I said, ‘Dude, that is not a cow leg.’ And he said, ‘yes it is.’ I said, ‘Cows don’t have pins in their legs.’ He was wearing dark pants and boots, there was a backpack and a camo coat or jacket over him. He had a single-shot shotgun with him.”
Meegan said they called 911 and waited for police to arrive. Meanwhile, they called a friend who began to research missing persons websites and found Hobson on a national missing persons list.
They read newspaper stories about Bass’ frustration with Hickory Creek officers’ refusal to investigate the case because they saw no indication that anything was wrong.
“We looked it up on the Internet, and it isn’t even 200 yards from that house,” Meegan said. “It’s got to be him. I hope this gives her some kind of closure.”
Hobson was a career military man who specialized in bomb disposal, his daughter said.
He traveled extensively, and they communicated mostly by e-mail. He had not been getting much work because of his age, Bass said, and he and the woman he was living with were having some difficulties. He had only one kidney and told her the other one was giving him trouble. She thought he was depressed.
He called her April 20, asking for her address, she said. She asked him what he was doing, and he said he was working on a project. The woman he was living with called Bass about an hour later.
“She said she saw him walking away from the house with a backpack an hour earlier and she wanted to know had I heard from him,” Bass said. “I hadn’t, and no one else has since then.”
The woman waited about three weeks, thinking Hobson would come back, before reporting him missing to Hickory Creek police. Officers told her that he did not qualify to be put into the national law enforcement database of missing persons.
A few days after he disappeared, a package arrived in the mail, Bass said. It contained all her father’s military medals and some family pictures. His military pension and a disability check continued to be automatically deposited to his account. The woman he was living with had a debit card and was withdrawing money, Bass said.
Bass could not get the checks stopped because her father was not legally dead, and she could not get him declared legally dead because police would not declare him missing. It was a frustrating time, she said.
Bass said she is confident that the bones are her father’s and she is grateful to everyone who helped.
“This will close it,” she said. “I’ve prayed and prayed. I’m sad, but I’m happy at the same time.”
Posted in Civilian Contractors, Contractor Casualties and Missing, Follow the Money, Misjudgements | Tagged: Contractor Casualty, EOD, Explosive Ordnance Disposal, Hobby Hobson, Humanitarian Demining, Ronco, Ronco Consulting, Rufford Hobson | 4 Comments »
Posted by defensebaseactcomp on August 18, 2010
Guest Post by Marcie Hascall Clark
This case was apparently lost based on the opinion of an elderly retired psychiatrist paid for by CNA, the testimony of two Ronco Employee’s, Mike Hartling and Brandt Marshall (how’d that work out for you Brandt ?), who were coached on what to say before their depositions and told the same lies we were all told after his death, and a failure on the part of the claimants original counsel to properly represent the claim. The Judge would not consider the testimony of Will Haynes as he found it to be unbelievable. So who is believing you now Will ?
Tim Eysselinck worked for the same company as my husband, had the same job title, only he was deployed to Iraq following my husbands repatriation via Landstuhl and Walter Reed. Certainly the job was dangerous as that is how my husband was so critically injured ???
Iraq was extremely dangerous before Tim arrived. Just Iraq, just being there.
In the weeks and days leading up to my husbands injuries in July of 2003 he was shot at by the US Army, rescued by the Marines, woke up to bullet holes in his tents and vehicles, and traveled roads where soldiers had been abducted and killed. The only reason they were working the day he was injured is that he was told to work anyway It was more important for them to work without security than to have it appear that the mission may not have been accomplished.
The world, except possibly Judge Clement Kennington, et al, watched the safety and security in Iraq deteriorate before their eyes on television over the next six months that Tim worked there. The Unclassified Safety and Security Reports available even before the Wiki Leaks spoke to the daily life threatening security situations.
In January of 2004, just a few months before Tim’s death, he attended a conference in Florida with fellow Ronco employees. Some of these Ronco employees came to our home following this conference to spend time with my husband who was still recovering. While here they were discussing how odd Tim was acting and how he over reacted to some of the conference topics was absurd. I was later told by others who were in country with Tim that he was behaving strangely while still in Iraq.
Had there been any screening or concerns for mental health, or awareness of PTSD back then Tim’s behavior might have been recognized as symptomatic of the life threatening condition that it turned out to be. And today I doubt that anyone involved in this case from Kennington, to the three judges that just shot this appeal down, doubt that Tim was suffering from a mental condition brought on by his time in Iraq.
Once I learned that his widow had filed for death benefits based on PTSD I thought that this information might be important to her claim. I emailed her attorney that I thought I had information important to her claim and would like to talk with him but he failed to respond. I thought maybe I was too late but I was not. I still have the email.
So while Judge Kennington, the BRB’s, and the Fifth Circuit in Texas found that working in Iraq for the last half of 2003 was not life threatening and that Tim Eysselinck’s widow and children do not deserve DBA death benefits because her first attorney did not file a claim based on Depression, which is a symptom of PTSD, rather than PTSD, they did choose to highlight the fact that he had two glasses of wine with dinner that evening.
Watch out for that second glass of wine guys it may just cause you to have an uncontrollable urge to put a gun to your head and pull the trigger.
Maybe they should put a warning on the bottles.
I hope that everyone realizes by now that if this claim were allowed to be started over again with all the available facts, the lies allowed to be fully countered, that Tim’s widow and his children would be receiving the benefits that Congress intended and the taxpayer paid for them to have.
We’d still recommend staying away from the Covington Cabal and the Fifth Circuit at all cost. Move if you have to. Certainly never allow your attorney to move your claim there because he lives there. Your choice of attorney is extremely important as well. If you lose your claim due to a lack of evidence you will never be allowed to present it.
Even if the whole world recognizes it as fact.
Thank you Birgit Eysselinck for your years of fighting this wretched biased system for all of us, for not accepting pay offs from CNA to shut you up.
I apologize to you for the way my country has treated you, your children, and your husbands good name.
And that after his many years of service. We should all be ashamed.
Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Lawyers, Defense Medical Examinations, Department of Labor, Dropping the DBA Ball, Iraq, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, OALJ, PTSD and TBI, Racketeering, Ronco Consultilng, State Department, Suicide, Veterans Affairs | Tagged: ALJ Clement Kennington, CNA, Defense Base Act, Depression, Iraq, Iraq War not Life Threatening, Post Traumatic Stress Disorder, ptsd, PTSD Suicide, Ronco Consulting, Suicide, Tim Eysslinck | 7 Comments »
Posted by defensebaseactcomp on February 17, 2010
KBR, Blackwater, CSA, MPRI, Ronco Consulting and possibly the company you work, worked for have misrepresented their employees as Independent Contractors in order to keep from paying Social Security and Medicare Taxes. As an American citizen you are responsible for paying these whether the company you work for is offshore or not. That is not to say all these companies were offshore that did this.
Now these same companies while happily not accepting the responsibilities of employing you for tax purposes were happy to lie and claim you were an employee when they got the DBA insurance they were supposed to get in order to be eligible to take that government contract.
What might happen that is while your injured, not working and financially getting screwed over by the DBA insurance company AIG or CNA the IRS might come asking you about those taxes you didn’t pay while you were working overseas tax free but still must pay medicare and SS, which would have cost you 15,000 but with the part the company didn’t pay and the fines and late fees they force you to come up with $60,000. Try not to bleed on it.
For more on how to determine if you were an employee or not go here MisClassifying Employees as Independent Contractors
But trust that if the company paid your air fare, told you where and when to go to work and how to do it using their vehicles and equipment, you were an employee according to the IRS.
Federal and state officials, many facing record budget deficits, are starting to aggressively pursue companies that try to pass off regular employees as independent contractors.
President Obama’s 2010 budget assumes that the federal crackdown will yield at least $7 billion over 10 years. More than two dozen states also have stepped up enforcement, often by enacting stricter penalties for misclassifying workers.
Many workplace experts say a growing number of companies have maneuvered to cut costs by wrongly classifying regular employees as independent contractors, though they often are given desks, phone lines and assignments just like regular employees. Moreover, the experts say, workers have become more reluctant to challenge such practices, given the tough job market.
Companies that pass off employees as independent contractors avoid paying Social Security, Medicare and unemployment insurance taxes for those workers. Companies do not withhold income taxes from contractors’ paychecks, and several studies have indicated that, on average, misclassified independent workers do not report 30 percent of their income.
One federal study concluded that employers illegally passed off 3.4 million regular workers as contractors, while the Labor Department estimates that up to 30 percent of companies misclassify employees. Ohio’s attorney general estimates that his state has 92,500 misclassified workers, which has cost the state up to $35 million a year in unemployment insurance taxes, up to $103 million in workers’ compensation premiums and up to $223 million in income tax revenue.
“It’s a very significant problem,” said the attorney general, Richard Cordray. “Misclassification is bad for business, government and labor. Law-abiding businesses are in many ways the biggest fans of increased enforcement. Misclassifying can mean a 20 or 30 percent cost difference per worker.”
Employers deny misclassifying workers deliberately. The businesses say the lines are unclear between employee and independent contractor.
Workers are generally considered employees when someone else controls how and when they perform their work. In contrast, independent contractors are generally in business for themselves, obtain customers on their own and control how they perform services.
Many businesses are dismayed about the tougher federal and state scrutiny.
“The goal of raising money is not a proper rationale for reclassifying who falls on what side of the line,” said Randel K. Johnson, senior vice president with the United States Chamber of Commerce. “The laws are unclear in this area, and legitimate clarification is one thing. But if it’s just a way to justify enforcing very unclear laws against employers who can have a legitimate disagreement with the Labor Department or I.R.S., then we’re concerned.”
Among the most often misclassified workers are truck drivers, construction workers, home health aides and high-tech engineers.
Portraying regular workers as contractors allows companies to circumvent minimum wage, overtime and antidiscrimination laws. Workers classified as contractors do not receive unemployment insurance if laid off or workers’ compensation if injured, and they rarely receive the health insurance or other fringe benefits regular employees do.
“This denies many workers their basic rights and protections and means less revenues to the Treasury and a competitive advantage for employers who misclassify,” said Jared Bernstein, who as executive director of Vice President Joseph A. Biden’s Middle Class Task Force has helped orchestrate the administration’s campaign against misclassification. “The last thing you want is to give a competitive advantage to employers who are breaking the rules.”
Organized labor, a strong supporter of Mr. Obama, has long complained about the practice. No administration has undertaken as big a crackdown as Mr. Obama’s, although administration and state officials deny they are doing it as a favor to labor.
California’s attorney general, Jerry Brown, is seeking $4.3 million from a construction firm he accused of misclassifying employees. Last April, he won a $13 million judgment when a court ruled that two companies had misclassified 300 janitors, cheated the state out of payroll taxes and not paid minimum wage and overtime.
Last November, the Illinois Department of Labor imposed $328,500 in penalties on a home improvement company for misclassifying 18 workers, saying it had pressed them to incorporate as separate business entities.
The Obama administration plans to expand investigations by hiring 100 more enforcement personnel. The I.R.S. has begun auditing 6,000 companies to see whether they are in compliance with the law.