Recently, the Department of Defense updated its deployment standards to address COVID-19. The old deployment standards, MOD FOURTEEN, have been replaced by MOD FIFTEEN (also known as MOD 15). The big difference between MOD FOURTEEN (which isn’t that old) and MOD FIFTEEN is an age exclusion. Individuals who are 65 or older, or who may turn 65 during their contract, may not deploy. This age exclusion is based on the affects of COVID-19 on an older population. Beyond that, the changes are minimal. Deployment is still prohibited for individuals with medical conditions identified in Tab A to MOD FIFTEEN. Tab A is also known as the “Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR.” Non-Deployable Medical Conditions: Previously, I wrote about non-deployable medical conditions and medications. It is worthwhile to address that topic again. There are certain medical conditions and medications that will prevent deploymentRead more
OALJ Extended Suspension on In-Person Hearings Because of COVID-19
The Office of Administrative Law Judges extended the suspension of in-person hearings through at least July 24, 2020. Safety required the extension. The Coronavirus Disease of 2019 (COVID-19) still requires minimal staffing at OALJ offices, and less travel by the Longshore and Defense Base Act community. Many of the guidelines in the earlier Administrative Order and Notice dated March 19, 2020, are still in place. The new Supplemental Administrative Order and Notice dated April 10, 2020, changed a few aspects of the earlier order. For example: In-person hearings will not take place before July 27, 2020, at the earliest. OALJ will start hearing cases telephonically, by video, or by other remote means after May 15. Procedural deadlines are further tolled until at least June 1, 2020. In-person mediation and settlement judge conferences will not resume until at least July 27, 2020. The parties may agree to participate via telephone, depending onRead more
Starr Is Cutting Defense Base Act Benefits During Coronavirus Pandemic
One particular Defense Base Act insurance carrier is cutting off claimants during the middle of the Coronavirus Disease of 2019 (COVID-19) pandemic. You read that right. Of all times to stop paying or drastically reduce weekly indemnity benefits, Starr Indemnity & Liability Company (through its Third Party Administrator, Gallagher Bassett Services) chose now. Worse yet, Starr lacks legitimate legal arguments for cutting benefits. And it is most definitely violating the humanitarian purposes of the Defense Base Act. Real-Life Examples: Here are a few real-life examples of cases where benefits were drastically reduced or outright suspended during the Coronavirus crisis. Case #1 involves a Kosovar with Post-Traumatic Stress Disorder. On October 2, 2019, a U.S. defense doctor evaluated Claimant in Kosovo. The defense doctor agreed that Claimant had PTSD, and recommended aggressive treatment. With aggressive treatment, said the defense doctor, Claimant could experience “rapid improvement” in the “next six months.” On AprilRead more
OALJ Suspended Hearings/Deadlines in DBA and Longshore Claims
The Office of Administrative Law Judges suspended hearings and procedural deadlines due to the COVID-19 national emergency. The suspension takes effect on March 23, 2020. This suspension applies to both Longshore and Defense Base Act claims. What does this mean? The OALJ suspended until May 15, 2020. The OALJ will reassess this suspension on May 4, 2020, to determine whether the suspension will continue beyond May 15th. The moratorium on hearings does not include cases that will be decided on the record. Procedural deadlines currently pending are suspended until May 15, 2020. The assigned judge will address deadlines for cases scheduled for hearing between May 18 and June 12, 2020. Telephonic mediations and settlement judge conferences may proceed with the consent of all parties. File documents via e-mail. OALJ offices will be minimally staffed so, again, file documents by e-mail. Decisions in DBA and Longshore Act and claims will not beRead more
