We recently obtained a favorable judgment for our client, who spent years working in a war zone for DBA contractor in Iraq. He has been suffering from a psychological condition since 2010. As usual, the insurance carrier disputed the claim and denied his benefits. With the help of our team, Read more…
The important thing to note is that employees are waiving away their rights when they accept to settle their claim. If employees win their claim under the Defense Base Act, they may be eligible to receive benefits for the rest of their lives. Let’s discuss this by making up an example case: say we have Claimant from Kosovo, North Macedonia or Bosnia and he suffers from PTSD as a result of his exposure to traumatic events while working as a government contractor overseas.
When KBR, FLUOR, Dyncorp, AECOM, Janus, Sallyport, MEP and etc. employees file for workers’ compensation benefits under the Defense Base Act, sometimes Insurance Carriers will submit their claims to an outside vendor for surveillance.
For employees from Kosovo, Macedonia, Bosnia, Uganda and other countries who worked for government contractors overseas such as AECOM, FLUOR, KBR, Dyncorp, Sallyport, Janus etc., this is pretty much only way in which they can obtain closure.
The latest trend in Defense Base Act claims is former FLUOR, AECOM, Dyncorp, KBR, etc. employees to retain the services of legal representatives to argue their claims before Office of Worker’s Compensation Program (“OWCP”). Once a claim has been filled and the Carrier has received notification that Claimant is represented, no direct contact with Claimant is permitted without his attorney’s approval. At this point, the Carrier will assign the claim to their own attorney and he or she will handle the claim until it’s resolved either through settlement or before an administrative law judge and later circuit court.
Employees who have worked overseas for government contractors such as FLUOR, KBR, Dyncorp, Mission Essential Personnel, Janus and others, find it difficult to navigate the complex world of Office of Workers Compensation program once they complete their contract and return home.
When civilian contractors get injured overseas in the course of their duties for one of the employers handling government contracts, they are supposed to put their employer on written notice within 30 days, ask employer to authorize treatment by their choice of physician, and file form LS-203, which is written Read more…
Recently I had a conversation with my colleague regarding legal representation of Defense Base Act claim in a foreign jurisdiction. He was scheduled to travel to Bosnia and Herzegovina to get a deposition done. My colleague was wondering whether he was authorized to conduct legal work in Bosnia and Herzegovina.
Back in 2018 the California Supreme Court issued its decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In Dynamex, the Court introduced a new standard to determine whether a worker is an employee or an independent contractor.