“Plain English answers to your Defense Base Act questions. No legal mumbo-jumbo, lawyer talk.” Defense Base Act Attorney - Bill Turley
When handling your DBA case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.
The DBA insurance company is not on your side. They have traps laying around for you to fall in. And bet on it, if you do not follow the proper steps with your DBA case, you will fall right in.
The Next Step
You are going to need to do your research. I strongly suggest you order a free copy of my book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. Trust me. My only goal here is to make sure honest hard working folks like you, do not get ripped off by these companies.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
Need help right now?
Call us today at (619) 234-2833 or you can fill out the contact form on this web page.
Window to Hell
Some say that pain is the window to Hell. Those that disagree, probably haven’t faced severe, disabling pain. Many of my clients face that type of pain. That is, daily severe disabling pain. This article is about the Defense Base Act and medication, pain killers, Oxycontin, Valium and such.
Under the Defense Base Act (DBA) you are entitled to have the DBA insurance company pay for the all reasonable medical treatment to cure and/or treat your injuries. This includes medication. As you are probably aware, medication costs can be relatively expensive. Thus, Defense Base Act insurance companies will often times contest your medical need for pain medication, especially on a long term basis.
Fighting For Your Rights
When this happens the DBA insurance company will either file a LS-207 - Notice of Controversion and simple controvert (meaning: deny) you need for medication. They may or may not do this after sending you to a defense medical examination. You will then need to marshal your evidence to support your need for such medication. This applies to all types of medication, whether it is pain medication or some other type of medication.
Then, absent an informal resolution, you will have to get recommendations from the U.S. Department of Labor (by requesting and having an Emergency Informal Conference). Then you will need to file an LS-18 for a trial. Then, a Judge will have to decide the issue. This can takes months and even years. Especially in light of the sequestration and government shutdown.
Medication and Loss Of Wage Earning Capacity
Being on pain medication may affect other parts of your case. First, pain medication will probably prevent you from returning to your DBA employment. Which, in my view, may turn your scheduled injury into an unscheduled injury. If you already have an unscheduled injury, then pain medication alone may prevent you from returning to your usual and customary DBA employment. This means that you will most likely have a loss of wage earning capacity. This is extremely important stuff. Meaning, it can mean a lot of money to you and your family. So listen up.
Pain medication may prevent you from performing many of the jobs listed in the Defense Base Act insurance company’s Labor Market Survey. Meaning, the positions listed in the Labor Market Survey are not suitable alternate employment because the jobs require you to pass drug testing.
Medication may present safety issues. That is, place you or other in harms way due to the affects of the medication. This may also result in the positions listed in the Labor Market Survey to not be suitable alternate employment.
Finally, medication may result in physical limitations which may also result in the positions listed in the Labor Market Survey to not be suitable alternate employment.
What does all this mean to you? If your lawyer is playing checkers when the DBA insurance company is playing chess, then that may cost you money and/or medical benefits. Get good help. Make sure your DBA lawyer is running out all the ground balls, so to speak.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley