Defense Base Act Attorney Straight Talk: 20(a) Presumption - Or Why It Is So Important To Tell The Truth I We stand up to the Defense Base Act insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits. Best Rated DBA Lawyer - DBA Super Lawyer Defense Base Act Attorney Call 619-234-2833 or toll free at 866-963-0540

The 20(a) Presumption Under the Defense Base Act - Or Why It Is So Important To Tell The Truth


"Of course, telling the truth is the right thing to do. It also helps you win your case. If you are honest, then the Judge will usually decide in your favor. Here, we show you how telling the truth helps you win your Defense Base Act case." Defense Base Act Lawyer - Bill Turley

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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. We have been handling Longshore Act cases since 1987. Because San Diego has the largest shipyard on the west coast with thousands of shipyard workers and San Diego's waterfront, we have gained valuable experience with these cases long before the United States sent civilian workers to Iraq and Afghanistan. That experience helps us win Defense Base Act cases.

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This website provides information for persons involved in Defense Base Act injuries. We provide vital information so you can make informed decisions regarding your DBA case.

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20(a) Presumption - Or Why It Is Important To Tell The Truth

If you are a seriously injured Defense Base Act worker, it is important for you to know the law and procedure in DBA cases. The Defense Base Act falls under the Longshore and Harbor Workers Compensation Act (or Longshore Act). This is a section of Maritime Law. Most Defense Base Act Attorneys that are also Longshore Act Attorneys have been handling Defense Base Act cases for years before the United States started sending civilian contractors to Iraq and Afghanistan.

The article is by a Defense Base Act Lawyer. This article is part of a series of articles where we explain DBA law with straight talk.


Section 20(a) Presumption

Under § 20(a) of the Act, a DBA Judge may presume that your injury or occupational disease causally relates to your Defense Base Act employment. However, for you to receive the benefit of the § 20(a) presumption, you must establish two elements:

(1) that physical harm, pain, or injury has occurred and

(2) that working conditions existed or an accident occurred that could have led to such harm.

In your case, your Judge will look look first to see if you have successfully established these two elements necessary to invoke the § 20(a) presumption.


Why Is This important?

Because if the Judge presumes your injury is work related, it is more difficult for the Defense Base Act insurance company to contend and prove that your injury is not related to your DBA employment. DBA insurance company's often defend claims by alleging the worker was not injured while working as a DBA worker.


Rebuttal Of The § 20(a) Presumption

In order for your Employer (read: Defense Base Act insurance company), to overcome the § 20(a) presumption, it must present "substantial evidence" to rebut the prima facie case made by you that your injury relates causally to working conditions while working with your DBA employer. This evidence must go beyond mere allegations and unreliable speculation and must be more than the submission simply of any admissible evidence.

However, such evidence need not necessarily support a ruling in Employer's favor; instead, it need only be of the type that "a reasonable mind might accept as adequate to support a conclusion."


The Bottom Line

The 20(a) Presumption is powerful. The way you invoke it is by being truthful with the Defense Base Act Judge. If you are dishonest or fudge or exaggerate your injuries or claim, then the Judge will rule against you and you won't get the benefit of the 20(a) Presumption. The take-away point here is always tell the truth when bringing a DBA claim.


Disclaimer

This article is not legal advice. It is based upon the law in the Ninth Circuit. Your circuit may interpret the 20(a) Presumption differently. I am simplistic in order to achieve clarity. If you are a seriously injured DBA worker, then you should always retain a Defense Base Act lawyer.

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Next Steps = = >

Call our DBA specialist lawyers, regardless of your situation at 619-234-2833 or Call Toll Free 866-963-0540.


Do you have a question?

If you have a question about the information on this page
please > > Call us at 619-234-2833 or Call Toll Free 866-963-0540


Call us at 619-234-2833 or Call Toll Free 866-963-0540 or e-mail us at this website.

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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540


The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.


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