Strongpoint Law Firm is proud to congratulate Jon Robinson and Beth Bernstein on their selection to Super Lawyers, and Brent Bartholomew on his selection to Super Lawyers’ Rising Stars. These honors mean a great deal to our firm because they reflect the work our team does every day on behalf of injured workers and their families. At Strongpoint Law Firm, we have worked hard to build a team that is focused, prepared, and committed to doing this work the right way. We believe injured workers deserve more than volume-based representation. They deserve lawyers who understand the law, know the medical and factual issues, and are willing to fight when benefits are denied. Our firm focuses on claims under the Defense Base Act, which protects many civilian contractors injured while working overseas in support of United States military and government operations. These cases are often complex. Injured workers may be dealingRead more
BRB: “Afghanistan Withdrawal” Does Not Defeat DBA Disability
Did the United States withdrawal from Afghanistan somehow end the Defense Base Act disability of employees injured in Afghanistan? No–of course not. A new published Defense Base Act case from the Benefits Review Board (“BRB”) puts to rest a particularly misguided idea pushed by insurance carriers: that disability compensation under the DBA somehow disappeared when the U.S. withdrew from Afghanistan. It did not. A brief write-up of the BRB’s decision in Woolum v. ARMA Aviation follows. The Simple Point the Board Got Right The Defense Base Act is an extension of the Longshore and Harbor Workers’ Compensation Act. The DBA borrows many of the Longshore Act’s definitions. The Longshore Act defines “disability” as a loss of earning capacity due to “injury.” That inquiry doesn’t turn on whether a particular job site still exists—it turns on what the injured worker can earn. The employer tried to pivot the analysis away fromRead more
New Stressor, New Injury, New Defense Base Act Claim
For the last six weeks, military installations within the Middle East have experienced an exponential rise in war-risk hazards due to the ongoing hostilities between the United States, Iran, and Israel. On many of these installations are career military contractors who previously sustained Defense Base Act-covered injuries that were resolved via settlement or an administrative law judge’s decision. A question we have recently begun fielding is whether contractors who resolved a prior DBA claim and returned to work may file a new DBA claim for injuries sustained to the same previously injured body part during recent hostilities. The short answer is yes. The Aggravation Rule The DBA recognizes that injuries that previously resolved can become aggravated by subsequent events. Under the “aggravation rule,” where an employment-related injury contributes to, combines with, or aggravates a pre-existing disease or underlying condition, the entire resultant condition is compensable; the relative contributions of theRead more
DBA Benefits for Psychological Injuries in the Iran Conflict
With so many contractors in danger from Iranian attacks, it is time again to consider psychological injuries under the Defense Base Act. It does not matter if the injury occurs at a remote military base halfway across the world or one of the largest airfields in an ally country, psychological injuries are covered. The Defense Base Act (or DBA) pulls most of its laws from the Longshore and Harbor Workers’ Compensation Act. That means most of the same laws that apply in a longshore, shipbuilding, or ship repair setting also apply to employees of military contractors. Moreover, it does not matter if the injured employee is a citizen of the United States. Although there are some pragmatic differences in the way U.S. and foreign national employees are treated–differences that are best discussed in a phone call–the law applies to foreign national employees equally for the most part. The Statutory FoundationRead more
Why You Need to Depose an Employer Rep in DBA Claims
In Defense Base Act claims, injured workers file claims against their employer. The employer is a party to the litigation. The employer’s DBA insurance carrier merely stands in employer’s shoes for liability purposes. The insurance carrier assigns a lawyer to defend the employer. The employer is the lawyer’s client. Yet, during DBA litigation, the attorney assigned by the insurance carrier rarely interacts with the employer. Instead, the carrier-assigned attorney answers the written discovery requests propounded by claimant without actually interacting with the employer. Not only does this practice violate the Rules of Practice and Procedure for Administrative Hearings Before the OALJ, it deprives the DBA claimant of relevant evidence that the claimant may want to use to corroborate their injury claim. So, what’s the answer? In most cases, the claimant must depose an employer representative. That is the only way to get answers from the employer to claim-related questions. TheRead more
How the Government Could Save Millions in War Hazards Reimbursements
The federal government wants to save money. Perhaps it should look at the War Hazards Compensation Act (“WHCA”) and use the tools already in its possession to limit monetary reimbursements to insurance carriers for frivolous litigation. In 2023, insurance carriers received half a billion dollars in annual reimbursements under the WHCA. In 2024, carriers received more than that. Yet, some of those payments are suspect. Essentially, the insurance carriers use the WHCA to fund their litigation against injured workers who seek workers compensation benefits paid under the Defense Base Act (“DBA”), an extension of the Longshore and Harbor Workers’ Compensation Act. Further, because the U.S. government pays insurance carriers with U.S. tax dollars, focusing on carriers’ problematic reimbursement requests could save the U.S. millions of dollars–millions that could be used to pay for more judges, more support staff, and more claims examiners. Below, I propose some changes that the DepartmentRead more
The Importance of Psychological Test Data Disclosure
The Importance of Psychological Test Data Disclosure in Defense Base Act Claims. Many Defense Base Act (“DBA”) claims feature mental health injuries. Often, the DBA insurance carrier schedules the injured worker for a defense medical examination (“DME”) with a mental health expert. The carrier’s expert might administer psychological tests to the claimant. This post answers a simple question: Must mental health experts produce psychological test data in the discovery process? Unsurprisingly, they must. There is no doubt that test data is discoverable in a DBA case. If the expert relied on the psychological test data when preparing their report, then that test data may be discovered. Still, we constantly address objections to test data discovery requests–even when the claimant sends the expert a written, signed release authorizing test data disclosure and a subpoena. Over the past few years, the constant objections have produced substantial litigation, and many Office of AdministrativeRead more
Jon Robinson is Serving as the 2023 President of the DOL-JBA
In 2023, I have the pleasure of serving as the President of the Department of Labor – Joint Bar Association, or DOL-JBA. It is a honor. The DOL-JBA is a national non-profit organization filled with claimant and defense attorneys committed to improving the legal process in (primarily) Longshore and Defense Base Act claims. In my opinion, the DOL-JBA is more than that. It is an avenue to finding a middle ground regarding common issues affecting the industry. The lawyers meet with individuals from the Office of Workers’ Compensation Programs and the Office of Administrative Law Judges to explore efficient resolutions to these issues. Sometimes, resolution is possible. But not always–not on all issues. Still, resolution of even one issue fuels agency and judicial efficiency. And that is one of the DOL-JBA’s main objective: To promote and improve the efficient handling of claims and cases administered or adjudicated by theRead more
How to Reduce DBA Fee Litigation By Adopting One Federal Rule
The Defense Base Act (“DBA”) allows a claimant to shift liability for attorney’s fees to the employer and insurance carrier, if certain criteria are satisfied. In that context, sometimes fee disputes arise. In a fee dispute, the employer or insurance carrier argues that a claimant attorney’s hourly rate is excessive, or that certain time entries should not be paid. For the most part, this post does not address hourly rates. Instead, this post addresses the amount of time billed for particular tasks…and a proposed way for the Office of Administrative Law Judges (“OALJ”) or the Office of Workers’ Compensation Programs (“OWCP”) to avoid lengthy and often contentious fee litigation. Those agencies could adopt a fee procedure similar to Local Rule 54.3 from the Northern District of Illinois. How Local Rule 54.3 Helps: Sometimes, the attorneys hired by DBA carriers make hypocritical objections to time entries on a claimant attorney’s fee petition. ByRead more
Post-Negotiation Delays Prevent Timely DBA Settlement Completion
Agreeing to settle your Defense Base Act claim is not the end of the DBA process. Over the past couple of years, we have noticed new trends that delay the settlement process. With so many claimants questioning the delays, I thought it best to address this issue with an article. Negotiating a Settlement Does Not End the Claim: Defense Base Act claims do not end when the parties negotiate a settlement. Unfortunately, there is a long wait time after negotiations. And that wait time has grown exceedingly long over the past few years. Whereas the delay used to be weeks, now it is months–sometimes four to eight months. After the parties negotiate a settlement number, the insurance carrier’s attorneys prepare the settlement paperwork. A settlement application is approximately 10 to 15 pages long. It details the claimant’s medical history, the disputes between the parties, and why the parties believe the settlementRead more
- 1
- 2
- 3
- …
- 23
- Next Page »
