“It takes strength and courage to admit the truth.”
When handling your DBA case, nothing matters more then telling the honest truth. Nothing. You must be straight forward and honest about your case. I have seen many instances where a client will sugar coat 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.
Remember the DBA insurance company is not your friend. 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. The book has plenty of great reviews on Amazon, and it is a guide to only help you succeed in your case.
Trust me. My only goal here is meant to help honest hard working folks like you succeed in winning your DBA case.
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Call us today at (619) 234-2833 or you can fill out the contact form on this web page.
I realize that this Defense Base Act lawyer website is different. From what I see most DBA lawyer websites are all about “hire me.” Very few DBA lawyer websites (if any other than this website) seem to provide straight forward easy to understand plain English articles that will actually help you understand what you are supposed to do in order to get the benefits that you deserve. It seems most lawyers are afraid to “give away” this information because they think that if they do - then you won’t need to actually hire them. I think that sucks.
You will see that this website is very different. In this series of articles I will discuss DBA insurance company medical examinations.
DBA Insurance Company Medical Examinations
Under the law, the DBA insurance company is allowed to have you examined by their doctor. Specifically, the Longshore Act (the DBA is an extension of the Longshore Act) provides that if a claimant “unreasonably refuses to submit . . . to an examination by a physician selected by the employer,” the judge may “suspend the payment of further compensation during such time as such refusal continues.”
What this means in lay terms is that if you refuse to attend the examination of the doctor that the DBA insurance company “requests” that you see - then the Judge can rule that you don’t get any benefits until you see their doctor.
The way that this usually plays out in cases is that the DBA insurance company will request (usually by letter or a formal notice) that you attend an appointment with their doctor. If a formal order has not been issued yet (that is if a Judge hasn’t ruled that you are entitled to benefits yet); then if you don’t show up for the medical appointment - then the DBA insurance company will usually just file a Notice of Controversion and stop your benefits. Not good.
At the end of the day, the Judge and/or the Deputy Commissioner is probably going to Order you to attend the defense medical examination anyway. Unless your refusal to attend is not “unreasonable.”*
So the long and short of it is that if you don’t attend the examination - under most circumstances - your DBA benefits are going to be cut off until you do attend the examination.
And when you do attend the examination - you need to cooperate. This falls under the “you catch more flies with honey than vinegar” rule. I recommend that you be respectful and honest with the insurance company doctor.
In my book - Win Your Defense Base Act case I have a whole list of does and don’ts regarding the Defense Base Act medical examination - so be sure to request a free copy.
I know that in many instances the DBA insurance company is going to cut off your benefits after you see their doctor. But that isn’t always the case. In many instances I am pleasantly surprised that the DBA insurance company doctor corroborated our clients injuries and disability.
* I will address what is “unreasonable” in a future post. Make sure you check back, because I will discuss a recent case that talks about who has to pay for you to attend the defense medical examination.