“In a room where people unanimously maintain a conspiracy of silence, one word of truth sounds like a pistol shot.”
Defense Base Act Wage Loss - Proving Your DBA Case
My Best Advice
Nothing is more important when handling your case, then speaking the truth. People who believe if they sugar coat 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 your 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.
And before you do, check out the Amazon Reviews. It will be the best thing on helping you take the necessary steps to win your Defense Base Act Case.
How to use medical evidence to win your DBA case
In this post I want to discuss Defense Base Act Wage Loss. In particular, Defense Base Act Wage Loss - Proving Your DBA Case.
This is an important topic that I have discussed before, but I want to make sure that everyone understands some of the finer nuances.
If you have an unscheduled disability (injuries to any parts of your body other than your arms, hands, legs, feet and hearing loss); the Defense Base Act uses a wage loss concept.
What this means is that your permanent disability is determined by the difference between your DBA earnings and what you are able to earn now (read: post-injury) in the area where you live after considering your disability, age, education, training, etc.
The way this plays out is that you get medical evidence which states that you are unable to return to your usual and customary Defense Base Act job. Once this occurs then you have made a prima facie case that you are permanently and totally disabled.
Then the DBA insurance company will probably try and get medical evidence indicating that medically, you are able to return to your usual and customary job (this is your DBA employment we are talking about now).
If the DBA gets a doctor to say that you are able to return to your DBA employment, then it becomes a dispute over the medical evidence. This is the focus of this article. I will tackle other variations in future posts.
What I see in many instances are DBA insurance company doctors that state this as a conclusion. Their reports don’t discuss that the Claimant has to wear heavy body armor and be able to run to a shelter (for dear life) while wearing the body armor. Or in the case of linguists and security personnel, go outside the wire and all of what that entails (including being able to carry out wounded co-workers and military personnel.
In a recent case, the DBA doctor wrote the report in such a way that you could tell that the DBA doctor envisioned a “security specialist” as someone standing at a gate or patrolling in a car. Which, of course, is far from reality.
When this happens, you want to make sure that your medical evidence discusses why you are unable to return to work in Afghanistan and/or Iraq. The devil is in the details, so to speak. Your doctor can’t state this as a conclusion. Instead, they need to provide an analysis - it doesn’t have to be really long - discussing why your DBA injuries/ disability prevent you from returning to your DBA employment.
A few photos of your body armor, your job description, and/or statements/ testimony by co-employees will all be very good evidence to prove the employment conditions. This would all be helpful evidence. Giving this to your doctor and having your doctor comment on it and use it to support their opinions would also be good solid evidence.
Check back in with us soon and I will play this out for other scenarios for Defense Base Act Wage Loss - Proving Your DBA Case.
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