Defense Base Act 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 25, 2024

How has Artificial Intelligence Impacted the Legal Field?

By Jo Ann Hoffman & Associates, P.A.

How has Artificial Intelligence Impacted the Legal Field?

What is artificial intelligence?

Artificial Intelligence (AI) is the science of programming machines, especially computer systems to think and reason like human beings. These computer systems have been programmed to perform tasks such as problem solving and providing answers to everyday questions, even solving math equations.

Generative Artificial Intelligence is a type of AI technique where the machine perceives and classifies information to produce new and original content. The type of content includes image, music, video, art and design and text generation. AI-HEAD-300x200

There are different types of generative artificial intelligence services. A few of the most common ones are ChatGPT, Microsoft’s Co-Pilot, Claude and Google Bard. Some are targeted at the legal profession, such as LexisNexis’ AI product which can generate the first draft of a legal document and analyze a judge’s past decisions to tailor a paper to the particular judge.

The Supreme Court’s “2023 Year-End Report on the Federal Judiciary” by Chief Justice Roberts addresses the impact of AI technology on the legal field. “Law professors report with both awe and angst that AI apparently can earn Bs on law school assignments and even pass the bar exam. Legal research may soon be unimaginable without it. AI obviously has great potential to dramatically increase access to key information for lawyers and non-lawyers alike. But just as obviously it risks invading privacy interests and dehumanizing the law,” says Chief Justice Roberts in the report.[1]

What is unique about lawyers using AI as opposed to other professions?

Lawyers are bound by special rules that govern their profession, which may come from their state bar’s ethical rules (i.e. the licensing body’s rules) or from state or federal law. Continue reading →

Published on: September 28, 2021

The Importance of Claimant Credibility in your DBA Claim

By Jo Ann Hoffman & Associates, P.A.

Once you or your attorney has filed your claim for benefits under the Defense Base Act for an injury you sustained during your employment with a DBA contractor, everything that you say or do can and will be used against you. The most important thing to remember when going through the litigation process is to be consistent in your reporting. This means whenever you give a statement on the record, report your injuries to your doctor, report your injuries to an independent medical examination doctor, or even during written discovery; everything needs to line up and stay true. The best way to stay consistent is to be completely honest during the whole process.

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Self-Reporting of Your Injuries and Experiences to Medical Professionals

Usually, before filing a claim for an injury under the Defense Base Act, you would have spoken to a doctor about your symptoms/injuries and what could have caused it during your employment with your DBA contractor. This is where the consistency starts. From the very beginning, your self-reporting of your symptoms/injuries will be recorded in your doctor’s medical reports. These reports will be used to establish your injury and its link to your former employment. These records will be investigated by the defense attorney, and should your case go to trial, they will be presented to the Judge as well. Your words in these records will be compared to your words during other stages of litigation. Should you be subjected to an independent medical examination with a doctor of the defense’s choosing, that doctor will also be cross referencing your self-reports in your medical records to what you are self-reporting on that day. Additionally, this doctor will likely subject you to malingering tests wherein you’ll be tested to determine if you are feigning or overexaggerating your symptoms/injuries. Therefore, it is imperative to remain honest and consistent during the entire process. Continue reading →

Published on: September 23, 2021

An Open Letter to Our Injured Clients

By Jo Ann Hoffman & Associates, P.A.

Dear Injured Client,
We want you to know that we are here for you. We feel your pain from your physical or psychological injury. We feel your anxiety and emotional worry about how you will be able to work. We know you wake up at night worried about how you will take care of your family, yourself, buy goods, pay your bills and recover.

Your injuries may wake you up at night and keep you from sleeping; they may be there when you lash out in anger at your spouse, partner, friend, or child.

You are not alone. The US Dept of Veterans estimated 15 million people suffer from PTSD and emotional injuries this year alone. Post traumatic stress disease dwells in your body and it’s difficult to treat. It is an unseen condition. Fighters who have seen the worst in man, witnessing war, killing and bomb blasts have a difficult time returning to a normal society. It is a disease and it needs to be healed. The medical resources for it are insufficient. You may feel that you are battling alone and that you are out of place in this new world. PTSD is not like an arm wound where you look down and see how it is healing. With PTSD, you have to try to reduce your mental suffering and it’s difficult to figure out if you are succeeding. Know you are not alone.

UNADJUSTEDNONRAW_thumb_646d-e1632415348234-300x218 Our goal: We seek to get your treatment. The treatment can include medication, psychological care, and settlement funds to return you to gainful employment. We apply for benefits for you through filing an LS 203 if your injury is under the Defense Base Act.

Never give up hope. Our prayer for you is that you identify your injuries, know which are physical and which are psychological, acknowledge you need help, find help, get the treatment you need, get better, seek a settlement, use the funds to go proudly forward. Know we are by your side as we lead you through the uncertainty.

The path is strewn with difficulty. The insurance companies may label you a malingerer, they will deny you benefits, they will attack your memory. Do not doubt yourself. We are well positioned to work for you. We fight for you while you focus on your return to health and work.
Continue reading →

Published on: March 30, 2021

Preparing For Your Deposition

By Jo Ann Hoffman & Associates, P.A.

How to prepare for your Defense Base Act Deposition

Your Defense Base Act claim for benefits for your injuries has been filed. You sustained injuries while working with a DBA contractor and now you have been scheduled to have your deposition taken. If you have never had your deposition taken before, then you are probably wondering what to expect. A deposition is an informal court setting where the attorney for your former employer will question you about your claim. This is essentially your opportunity to tell your story. Even though this is an informal proceeding, you will be sworn in by a court reporter and will answer all the questions under oath. This means that your testimony will have the same force and effect as if you were sitting in an actual court room before Judge. This is why all of your testimony must be one hundred percent truthful and to the absolute best of your knowledge. Do NOT guess!

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The attorney for the employer and insurance company will ask you questions about a variety of topics. These topics will include some of your background information (questions about your family, residence, education, etc.), your employment history up to the date of your injury, your employment history since your injury, and your entire medical history. All of these questions are an effort by the defense attorney to obtain as much information as possible from your own words. This is why it’s very important to know what to expect and how to respond in a deposition. All of your testimony will be presented to the Judge, should your case go to trial, and the Judge will determine whether or not you are credible based upon your testimony. Therefore, it is imperative that you tell the truth and do not guess when responding to the attorney’s questions. When it comes to dates, times, quantities of measurement; it is okay to approximate as long as you let the attorney know you are doing so. It is perfectly fine to say “I don’t remember” or “I’m not sure.” It is not okay to state an answer is absolutely correct if you only “think” it is correct. Continue reading →

Published on: December 8, 2020

Statute of Limitations Under the Defense Base Act

By Jo Ann Hoffman & Associates, P.A.

hourglass-2910948_1920-300x200 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”? In reality, your statute may not have expired at all! As an initial matter, there exists no time limit for medical treatment. This means that even if you had your injury 20 years ago, you are still eligible to file a claim for medical treatment! Medical treatment is never time barred (unless you settle your claim for a lump sum of money, then your medical claim usually closes forever).

There exists TWO statutes of limitations in the Defense Base Act: Sections 912 and 913.

Section 912 of the LHWCA/DBA provides that notice of an injury or death must be given within 30 days after injury or death, or within 30 days after the employee or beneficiary is aware of, or in the exercise of reasonable diligence or by reason of medical advice should have been aware of, a relationship between the injury or death and the employment. With respect to occupational diseases, such as mental injuries and PTSD, the statute provides for notice within one (1) year. PTSD is often classified as an occupational disease. Section 912 is the “nicer” statute, as there are several ways to get around it, including showing that the insurance company was not “prejudiced” (hurt) by the failure to timely file. We have won several cases by arguing that there was no harm! No harm, no foul as the saying goes.

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: July 2, 2020

Psychological Injuries under the Defense Base Act

By Jo Ann Hoffman & Associates, P.A.

Attorneys Jo Ann Hoffman & Associates is often tasked with helping individuals involved in terrorist or other violent attacks in places like Afghanistan or Iraq under the Defense Base Act. Indeed, our firm represented numerous contractors injured in the Al-Asad airbase attack by Iran in January 2020 as retaliation for the killing of Soleimani. The insurance carriers are accepting the vast majority of these Al-Asad airbase attack claims due to the wide media coverage.

From experiencing car bombings (VBIED’s) to being a victim of mortar and rocket attacks, these traumatic experiences can cause serious negative effects throughout the rest of the victim’s life. It is important for your Defense Base Act claim to properly label your injuries so that you are not limited later on the case.

What is a Psychological Injury?

Continue reading →

Published on: April 30, 2020

Working as a Defense Contractor Overseas During the COVID-19 Pandemic

By Jo Ann Hoffman & Associates, P.A.

Getting COVID-19 (Coronavirus) While Working Overseas

Civilian contractors working overseas face exposure to Covid-19 and may not be able to obtain adequate medical care. The Defense Department is taking preventive measures to protect US military personnel and civilian contractors. The Defense Department has ordered everyone on DOD property to wear face masks. This includes civilian contractors.

Even if you use a mask, you may be asking yourself:

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 →