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An Afghanistan DBA Worker Case Study - The Defense Base Act Aggravation Rule

“We give you an insider’s view of Defense Base Act Law.  We don’t sugar coat it for you. Here, we give it to you straight. No lawyer talk, no double talk. Just good old fashioned, unsweetened truth.”  DBA Lawyer Bill Turley

DBA Lawyer Straight Talk: A Case Study - The Defense Base Act Aggravation Rule

Truth Matters

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

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. Trust me. My only goal here is to make sure honest hard working folks like you, do not get ripped off by these companies.

The book has plenty of great 5 Star reviews on Amazon, and it is a guide to only help you succeed in your case.

Also you can check out my podcast at DBAradio.com where i cover important DBA issues.

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A Case Study - The Defense Base Act Aggravation Rule

Claimant suffered from a rare neurologic disorder of unknown etiology. It was largely controlled by medication. When Claimant was hired by DBA employer to work in Afghanistan in an administrative coordinator position, he disclosed the neurologic disorder and medication to the DBA employer.

Soon after arriving in Afghanistan, Claimant experienced an increase in neurological symptoms. Claimant was air-lifted out of Afghanistan and returned to the States.

Upon his return from Afghanistan, claimant's symptoms grew worse. He was taken to the hospital repeatedly due to the neurological attacks. He has not worked since and is no longer capable of driving a car. Claimant lawyered-up with a seasoned DBA Lawyer.

His DBA Lawyer filed a Defense Base Act claim alleging the stressful working conditions in Afghanistan with DBA employer aggravated the pre-existing neurologic disorder. Predictably, the DBA insurance company vigorously controverted the claim, alleging that claimant had sustained, at most, a temporary exacerbation of his pre-existing neurologic disorder which had completely resolved after his return to the States. No benefits were paid. The DBA insurance company sent Claimant to a litany of their insurance company doctors. They all said that at most the stressful working environment working in a war zone, at most was a temporary aggravation.

Claimant's DBA Lawyer took his case to trial. The Judge found that claimant's disabling neurologic disorder was related to his stressful work environment with DBA employer in Afghanistan. In essence the Judge concluded that while the work incident in Afghanistan may well have been a temporary aggravation of claimant's underlying neurologic disorder. However, following that work episode, Claimant was never able to work again and his sensitivity to stressful stimuli which triggered his attacks, became much worse and more frequent than before the work incident. Thus, the Judge concluded, that claimant's permanent total disability was due, at least in part, to the work-related injury he sustained in Afghanistan.

The Judge ruled that claimant is entitled to a continuing award of permanent total disability and medical benefits pursuant to the Defense Base Act.

DBA Lawyer Straight Talk: A Case Study - The Defense Base Act Aggravation Rule

Strength vs. Weakness

You can't be afraid to protect your rights.  If you want to get what you are entitled to under the DBA - you have to be ready to take your case to court. You have to be prepared to win. Hoping for a good settlement is a fool's errand.  You want to and need to negotiate from a position of strength.  You don't do that unless you are prepared to win in court. 

Why Us Being From San Diego Is A Benefit To You

We are based in San Diego, California.  This is a benefit to you.  Few Defense Base Act lawyers have been handling DBA cases longer than us.  The Defense Base Act falls under the Longshore and Harbor Workers Compensation Act.  Bill Turley has been handling Longshore Act cases since 1987.  Because San Diego has the largest shipyard on the west coast with thousands of shipyard workers, Bill gained valuable experience with these cases long before the United States sent civilian workers to Iraq and Afghanistan. That experience helps him win Defense Base Act cases. 

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This is the most comprehensive Defense Base Act website. Each month this website gets hundreds of searches related to Defense Base Act issues.  Seriously injured DBA workers and their families use this website to help win their DBA case.  So should you.

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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

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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