Newspaper articles may be one of the most overlooked sources of evidence in Defense Base Act claims. Articles that establish the time, date, and location of a terrorist or insurgent attack may be the best proof of the existence of the attack. As such, why not use the newspaper article to help establish a DBA claim? Establishing a Prima Facie Case: At the start of a Defense Base Act claim, an injured worker must prove a prima facie case. This means that, before anything else, the injured worker must prove (1) that they suffered an injury or harm, and (2) that an accident occurred or working conditions existed at work which could have caused the injury. If the claimant successfully proves a prima facie case, then they are entitled to a presumption that their injury comes under the purview of the Act. See 33 U.S.C. § 920 (1984).  This is very importantRead more

The value of a Defense Base Act death benefits claim depends on the life expectancy of the claimant. The shorter the life expectancy, the cheaper the claim. So what happens when a claimant’s life expectancy is cut short because of an unannounced change in government policy? Foreign nationals are about to find out because the Division of Longshore and Harbor Workers’ Compensation (DLHWC) just announced a new policy that reduces the presumed life expectancy for some claimants by 20 years or more. The new life expectancy change will affect commutation claims by foreign national beneficiaries–mostly death claims from spouses, elderly parents, and children. Here, I discuss commutation, the new life expectancy tables used by DLHWC, and the real-world effect of the life expectancy change on the value of a Defense Base Act claim. I also propose a solution: a rebuttable presumption whereby the Defense Base Act claimant can establish thatRead more

PTSD is not the only psychological disorder affecting civilian contractors employed overseas. Other psychological disorders are equally dangerous, and they are also covered by the Defense Base Act. Over the next couple of months, I am going to periodically provide the diagnostic criteria for other mental disorders that are common to DBA claims. These criteria come directly from the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (also known as the DSM-5). And all of the disorders that I will mention are disorders I have actually encountered in Defense Base Act and War Hazards Compensation Act claims. Today’s post is about Acute Stress Disorder, the diagnostic criteria of which is: A. Exposure to actual or threatened death, serious injury, or sexual violation in one (or more) of the following ways: 1. Directly experiencing the traumatic event(s) 2. Witnessing, in person, the event(s) as it occurred to others. 3. LearningRead more

Traumatic Brain Injury is the signature injury of the Iraq and Afghanistan wars. Concerns for veterans afflicted with TBI recently gained attention in a National Geographic cover story entitled, “Blast Force: The Invisible War on the Brain.” My post expands that excellent National Geographic article to defense contractors imbedded with the military in Iraq and Afghanistan. Private contractors experience many of the same hazards that war zone soldiers experience. By extension, the same concerns about TBI for soldiers should be extended to contractors, too. Blast Force: The Invisible War on the Brain: Caroline Alexander’s article is an illuminating portrayal of the medical problems affecting veterans with traumatic brain injuries. Some medical professionals theorize that the physical effect of an explosive detonation, even the controlled detonation of explosives, lead to TBIs. Ms. Alexander’s explanation of the stages of an explosion supports the professionals’ theories: BOOM: In the field a single blastRead more