DBA claims

Published on: May 1, 2024

VOCATIONAL EVALUATION 101: FROM NERVES TO KNOWHOW

By Deborah Caputo — Attorneys Jo Ann Hoffman & Associates, P.A.

You sustained injuries while working with a Defense Base Act contractor. As a result, you filed a Defense Base Act claim for benefits for your injuries. The abbreviation that will be referenced throughout this article which is “DBA” for Defense Base Act.

Your case progresses, litigation proceeds, accompanied by the scheduling of several events. Among these, one particular event, that is arranged by the attorney representing the Employer and their Insurance Carrier, is the Vocational Evaluation. This article dives into the details of vocational evaluations and mastering your approach with confidence.

What is a Vocational Evaluation?

Glad you asked.

An injury while working for a DBA contractor not only raises medical and disability concerns (which warrant separate blog discussions) but also impacts one’s ability to earn wages. The question a vocational evaluator in its simplest form is to address whether the injured person can earn the same wages they did at the time of their injury or in another employment.

During a vocational evaluation, you, your attorney, and the vocational evaluator meet. Think of your attorney as your filter, ensuring only relevant questions are asked. The evaluator, hired by the Employer and Insurance Carrier, seeks information. The evaluation aims to establish the wage someone with your injuries would earn in the open job market under normal circumstances, and after the evaluation, the evaluator will provide a document titled, the “Labor Market Survey”.

The Labor Market Survey is essentially a list of potential jobs with each respective job detailing its responsibilities and average salary. The Labor Market Survey will be sent to all parties in the case post-evaluation.

So, this Labor Market Survey is just based on my evaluation, is that it? Continue reading →

Published on: April 16, 2024

Defense Base Act 101: where did it come from, why do we have it, what does it cover, and how does one qualify for a claim?

By Jo Ann Hoffman & Associates, P.A.

This article is intended to be a brief overview of the Defense Base Act (“DBA”) law. For more information on the DBA, please visit the Department of Labor website here.

Before the Defense Base Act, there was only the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal law passed in 1927 that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on-the-job injuries that occur on the navigable waters of the United States, or in areas customarily used in the loading, unloading, repairing, or building of a vessel. The LHWCA covers employees in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers. The Defense Base Act (DBA) is essentially an extension of the Longshore Act and is a federal law enacted in 1941 by Congress with its primary goal being to cover workers on military bases outside of the United States. defense-base-act-dba-service-page-300x145

The DBA provides workers’ compensation coverage to civilian employees working overseas on United States military bases or under contract with the United States government for public works or national defense. Civilian employees means not the soldiers at the base; the soldiers are working for their respective government entities whereas civilian employees work for private defense contractors. Administered by the US Department of Labor, it applies to all employees regardless of their nationality. Although the employer in the warzone may be an American company, the employees might be there from all over the world – including India, Uganda, Kenya, Bosnia, Columbia, and many more countries. All employers conducting contracts outside of the US are required to secure DBA insurance for their employees working overseas. Failure to comply with this requirement can result in the Employer facing severe penalties such as criminal prosecution, imprisonment, and/or hefty legal fines and restitution. The Act ensures that all workers receive benefits similar to those provided under state workers’ compensation laws, even when the workers are working outside of the United States.

How does one become eligible for a DBA claim? We’ve all heard the term innocent until proven guilty right? Well, the DBA has its own version of that phrase. Under the Longshore Act, section 20(a) provides that when a person (or eligible dependent if the claimant died) makes a DBA claim that he or she was injured or became ill during the course of an employment overseas, a court deciding the case will use Section 20(a) to presume that the Claimant’s case is compensable under the DBA. A legal presumption is something that a court will conclude is true until there is factual evidence to disprove it. Continue reading →

Published on: August 4, 2022

PACT Act BURN PIT WIN FOR VETERANS, WHAT IT MEANS

By Jo Ann Hoffman & Associates, P.A.

Congratulations to Jon Stewart who spearheaded a long and hard fought battle to win medical and disability benefits for veterans who breathed smoke from burn pits during their service in the Iraq and Afghanistan wars. Although not widely known, virtually all of our service people and contractors stationed in the Middle East were exposed on their bases to the daily burning of their trash, plastic, medical waste, and toxic chemicals in open burn pits. Everyone breathed that polluted air on the army bases and it was not good.

What you need to know about the PACT Act and where it takes us from here:

Many military and contract workers developed cancer, respiratory illness or lost their lives. Until now there has been limited recognition of this tragedy. Now with the passage of the PACT Act under S. 437 Health Care for Burn Pit Veterans Act the surviving veterans will get proper treatment and disability for cancer and respiratory issues through the Veterans Department. Some conditions are presumptive and other conditions require a diagnosis from a doctor relating the condition. Also the VA can have you examined by their doctor. Certain conditions carry a presumption that they came from the burns pits so benefits can be awarded without a causal connection statement from a medical doctor.
These cancers are now presumptive:
- Brain cancer
- Gastrointestinal cancer of any type
- Glioblastoma
- Head cancer of any type
- Kidney cancer
- Lymphatic cancer of any type
- Lymphoma of any type
- Melanoma
- Neck cancer
- Pancreatic cancer
- Reproductive cancer of any type
- Respiratory (breathing-related) cancer of any type
These illnesses are now presumptive:
- Asthma that was diagnosed after service
- Chronic bronchitis
- Chronic obstructive pulmonary disease (COPD)
- Chronic rhinitis
- Chronic sinusitis
- Constrictive bronchiolitis or obliterative bronchiolitis
- Emphysema
- Granulomatous disease
- Interstitial lung disease (ILD)
- Pleuritis
- Pulmonary fibrosis
- Sarcoidosis
Veterans can apply for coverage under the PACT (Promise to Address Comprehensive Toxins) Act. This link takes you to the application form. To quality the veteran must show employment during the time periods at these locations:
- Iraq between August 2, 1990, and February 28, 1991, as well as from March 19, 2003, until burn pits are no longer used in this location;
- Southwest Asia (including Kuwait, Saudi Arabia, Oman, and Qatar) from August 2, 1990, until burn pits are no longer used in these locations; and
- Afghanistan, Syria, Jordan, Egypt, Lebanon, Yemen, and Djibouti from September 11, 2001, until burn pits are no longer used in these locations.
This is a much needed recognition for many people who suffer with these conditions. For the families who had their service member return home only to suffer a long unexpected painful death from cancer or respiratory disease, the loss has been devastating. Family members may be entitled to survivor benefits and a modest funeral reimbursement. Read more at the VA site for the amounts.

Continue reading →

Published on: November 19, 2020

How to File a DBA Claim

By Jo Ann Hoffman & Associates, P.A.

Can you file a Defense Base Act Claim? How to do you file a DBA Claim in order to receive compensation?

We will give you a general explanation on how you can file a Defense Base Act (DBA) claim for Post-Traumatic Stress Disorder (PTSD) and how to receive compensation for the injuries you have suffered. Filing a DBA claim can be a long strenuous process that if not done correctly can have a significant impact on your ability to receive the proper care you deserve as well as compensation you are owed. The Federal law requires all U.S. Government contractors and subcontractors to have insurance for their employees working overseas which is designed to protect you and your ability to earn an IMG_9968-e1496774833618-1-225x300 while working overseas for a U.S. contractor/company and which can also provide you with compensation for medical treatment. The first step in filing a Defense Base Act claim is to seek and have proof of medical treatment for any work-related injuries you may have suffered on the job. The injuries you suffered can be physical or mental health injuries or both. Generally, there is a one-year filing deadline to make a claim for benefits after the work-related injury occurred. Filing a DBA claim for PTSD can be more complicated because the symptoms may not arise until after the 1-year deadline has passed. However, PTSD is generally considered an occupational disease which can extend the filing deadline to two-years after knowing of the injury. Here is the form you can use to file your DBA claim. It is called an LS-203.

The importance of seeking medical treatment is both to receive proper treatment for your injury and to validate your claim and injuries with documentation. After receiving treatment, the law requires you to report your injury or injuries to your employer to put them on notice. The form required to file a claim is LS-203 which can be faxed to the Division of Longshore and Harbor Workers’ Compensation (DLHWC). When your employer receives notice of your injury, they will notify the Department of Labor which will begin the timeline of events that if not adhered to can bar your right to receive compensation for your injury. Once your claim has been assigned to the Officer of Workers’ Compensation Programs (OWCP) you will provide the required documentation, details of your injury and medical diagnosis for your right to receive compensation. The amount of compensation varies from each case’s specific facts and the Claimant’s average weekly wage which we will help you calculate. Your DBA insurance will also compensate you with weekly compensation benefits in the event you’re unable to work. We understand that PTSD is a real mental health problem that will affect your daily life, family, relationships and even your ability to earn an income. Most likely, the insurance company will outright deny your right to receive any medical care which is why it is crucial you seek proper representation. If you were in a war zone and believe you may be suffering from PTSD we urge you seek treatment immediately and to contact us so that we may preserve your rights to file a claim.

Continue reading →

Published on: April 5, 2020

8 TIPS TO HELP YOUR DEFENSE BASE ACT CLAIM TO BE ACCEPTED

By Jo Ann Hoffman & Associates, P.A.

One of the hardest and most difficult times in your work life may be when you are injured overseas. You may not know what to do, how to do it, and who to call. This firm has handled thousands of Defense Base Act cases, from initial client intake, to trial before an Administrative Law Judge (ALJ), so these are our tips to make your case successful. The days following your initial injury are the most important in how the rest of your claim goes so take the following actions:

Report your accident and injuries immediately to your supervisor. Your report should be in writing and should detail ALL body parts injured in the accident. Send an email with a bcc to yourself.
If allowed by company policy, take photos of the area where you were injured, and make certain you take photos of physical injuries if the injury is one that caused bleeding to your body, visible damage to your body or clothing.
Every employer we have dealt with provides medical treatment in each country, be it in Afghanistan, Iraq, or elsewhere. Make sure you are seen by a base medic and ask for a copy of your medical records which you should keep or photo. If you are not being medically evacuated, and you decide to wait until your next R&R date to treat at home, make sure you see the medic every few days, or as often as needed, and obtain the medical reports. These medical reports will be difficult if not impossible for us to obtain once you leave and return home. The Employers and insurance companies may lose or not be able to find these medical records, which makes proving the seriousness of the injury more difficult if you are not given your medical records.
Related to #3, if possible, do not wait to come home until R&R if your injury is disabling. If you find it difficult to do your job, you should ask to be sent home prior to R&R.
Do not “resign” from your employment– do not sign any forms indicating that you are quitting, resigning or otherwise terminating your employment with your employer. Your employer should send you home on an MLOA– medical leave of absence.
List every injury in your report of injury to your employer. Leaving out an injury in your initial report may cause the insurance company to deny your claim for that part of your body. If you fail to report what is called an “unscheduled” injury, for instance, a psychological injury but you report your knee injury, your case will be negatively impacted. Unscheduled body parts give you special rights to continued compensation payments, which enhance your claim. Unscheduled body parts include the head, neck, low back, middle back, shoulders, and mental injuries.
Contact a qualified attorney as soon as you can. The days following your accident are vital to quickly and efficiently opening your claim.
You are entitled to your own choice of physician under the Defense Base Act. Do not let the insurance carrier pick a doctor for you or suggest a doctor to you.

Continue reading →

Published on: December 5, 2018

Injuries in Puerto Rico due to Hurricane repair, rebuilding or power restoration

By Jo Ann Hoffman & Associates, P.A.

We are seeing injuries in Puerto Rico occurring when linemen are restoring power and when workers are doing hurricane repairs or rebuilding. Anyone injured under a contract with an American company should consult with this firm about getting money for those injuries. All consultations are free and there is no charge unless we obtain a settlement.

Generally the insurance company is providing benefits for the linemen or worker once they return home. The lineman or injured worker then sees a local Workers compensation attorney who applies for benefits from the State workers compensation system where they live. Once the worker recovers per the treating doctor and receives a few checks, that is generally the end of the case.

But it should not be. This firm has long held the view that these are Federal Claims that must be filed in the Federal Longshore and Defense Base Act Court system.

The Division has weighed in and confirmed they have jurisdiction.

This firm anticipated this and opened our Puerto Rico office last year to handle these claims.

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Why does this firm care?

The difference to an injured person on a minor hand injury can be $50,000 in Federal Court versus $15,000 in the State Workers Compensation system for a small injury.

We are well equipped to handle these case with our Main office in South Florida and Our Satellite office in Puerto Rico.

For the Puerto Rico injured workers who came from the United States and received medical care in the States, we need you to know a few things:

You have the right to choose your doctor. Please do not sign a paper saying your choice of doctor is the one the insurance company picked for you. Why? Because we can help you pick a doctor that will help you medically and financially. Why would the insurance company help you pick a doctor that would help them pay more money? Exactly.

What to do now? Perhaps you are reading this and feel you need more information about the financial benefit and time limitation to have us file a DBA claim for you.

Continue reading →