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Articles Posted in DBA

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Statute of Limitations Under the Defense Base Act

Did you know that there exists time period in which you must file your Defense Base Act claim in order to be eligible for compensation checks? Have you been told by an adjuster from one of the infamous insurance companies like Gallagher Bassett or AIG that your “statute has run”? …

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How much is paid for Death Benefits under the Defense Base Act?

How much is paid for death benefits? The weekly death benefit is capped at the TTD rate of the deceased person. The TTD rate is 66 2/3 % of the weekly gross pay of the deceased (capped at $1,510.76 for 2019). If there is a wife and children, an additional…

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Home Modification Victory for Our DBA Client

This January, an Administrative Law Judge approved a settlement reached by Javier Ruiz, Esq. relating to home modifications needed by a client (pictured below with his consent) in a Defense Base Act (DBA) case. The case involved litigation of complex legal issues requiring expert testimony as to the modifications needed…

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Reclamos Abajo de la Ley de DBA

La Ley de Base de Defensa, comúnmente conocida como DBA, proporciona beneficios de Compensación y Muerte del Trabajador para los empleados de contratistas del gobierno. Permítanme explicar cómo funciona hacer un reclamo bajo esta ley. Esta firma presenta reclamaciones de indemnización y muerte contra empresas como KBR, Fluor, Dyncorp, Academi,…

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DBA Claims with Third Party Liability

While rare, an attorney should always consider the viability of pursuing a third-party claim where a DBA injury is due to the negligence of a third-party other than your employer. This is allowed under 33 U.S.C. Section 933 (a) but has a strict requirement of notification under subsection (g)Compromise obtained by…

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HEARING LOSS UNDER THE LONGSHORE AND DEFENSE BASE ACT

  Hearing loss under the Longshore and Harbor Workers’ Compensation Act, as extended by the Defense Base Act, is compensated under Section 8(c)(13) as a scheduled injury, resulting in a scheduled award. It is a traumatic injury in that the harm occurs immediately upon exposure. Hearing loss is determined by…

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Calculating Average Weekly Wage Under the Defense Base Act, or AWW under DBA

It is vitally important to calculate the average weekly wage (AWW) following an on the job injury in a Defense Base Act (DBA) claim.  It is of utmost importance that the AWW be calculated correctly, because the AWW controls how much money you will receive from the insurance carrier following…

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