“Integrity is telling myself the truth. And honesty is telling the truth to other people.” Spencer Johnson
My Best Advice
Nothing is more important when handling your case, then speaking the truth. People who believe if they sugarcoat their case, it will help them win their case. Wrong.
You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects you’re not telling the truth, you can say goodbye to your case. Count on it. I have seen it time and time again.
My Second Best Advice
Take the time to research your case. The more homework you do, the better your case. Order my Free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. It will be the best thing on helping you take the necessary steps to win your Defense Base Act Case.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
DBA Medical Examinations: Part 1
Click here for Part 2: DBA Medical Examiantions
Defense Base Act Independent Medical Examinations
Under the Defense Base Act the DBA insurance company has the right to have you examined by the insurance company doctor. They call this an “Independent Medical Examination.” Know this: there is absolutely nothing independent about this doctor. This doctor is usually, but not always, one step away from the insurance company’s payroll. Seriously.
Most of the time, the insurance company chose this doctor because it can count on the good doctor washing you out. There are many variations on this theme. But the punch line is you don’t get any more DBA benefits.
The DBA insurance company has hired this doctor to examine you. If your case is not settled, this doctor will be testifying against you at your trial. Problem is, this doctor will have great credentials and be all professional in front of the Judge. And the Judge may very well believe the defense doctor's opinions.
You have to cooperate
The DBA insurance company is paying this doctor to examine you. You are required to cooperate in the examination. You don’t want to sit in court and have the doctor tell the judge about how you did not cooperate.
You must be polite, cooperative, and nice to the doctor. Do not have any type of attitude with the doctor. You catch more flies with honey than vinegar; it is the same with this doctor. Again, you don’t want to sit in court and have this doctor testify that you were a jerk during the examination.
But know this: everything you say to the doctor can and will be used against you in a court of law. Depend on it.
It isn’t unusual for injured civilian contractors to receive a medical release form from the insurance company handling their DBA claims. Although they are often told that it is necessary to release their entire medical records to the insurance company in order to get benefits, the truth is that these companies are often hoping to find any information they possibly can that will help them minimize or deny your DBA claim for compensation. That's right. The insurance adjuster is simply looking for reasons to deny your claim. Why?
While you definitely shouldn’t hide any relevant injuries, symptoms, or conditions in your medical history, you should realize that—even though some records will need to be released—much of your medical history probably isn’t relevant to your current claim. The insurance company handling your DBA benefits does not necessarily need access to your entire medical record, even though it may request that you sign an unlimited medical release.
If you are being asked to release your full medical records to settle a Defense Base Act claim, protect your privacy by seeking out the best DBA attorney you can find.
You may have to attend multiple defense medical examinations
Most Judges are going to allow (or require) you to see more than one DBA insurance company doctors. I realize that this can quickly start to feel tedious. But still you actually have to attend and cooperate.
Always tell the truth
I know I sound like I say this like a mantra. You have to be honest with the insurance company doctor about everything.
This is Part 1 on Defense Base Act Independent Medical Examinations.
Part 2: DBA Medical Exams