"If the DBA Insurance company tells you that you have to meet with a person for a Vocational Assessment or Labor Market Survey you need to understand that this is a tool to reduce you and your family’s DBA Benefits. Never agree to meet with the DBA Labor Market Survey person until you fully understand the process and what you should do to prepare for the meeting and how you should present yourself at the meeting. Your family's future may be on the line." Amerca's Leading Defense Base Act Lawyer - Bill Turley
The First Thing You Must Do
The first thing you must do is always tell the truth. No matter what it is you are worried about, you must always be honest and never sugarcoat anything to the judge or you attorney. If you do, then you will lose your case. Trust me, I have seen it time and time again. Do not be that person.
The Next Step
Before you even think about signing any forms from the DBA insurance company, you need to do your research. 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.
It is full of information that will benefit you with your road to recovery and peace of mind after becoming an injured DBA contractor. Read the Amazon Reviews yourself, trust me, you will thank me later.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
Need Help Today?
If you need help now, give us at call at (619) 234-2833.
DBA Labor Market Surveys - What is the Purpose of a Defense Base Act Labor Market Survey?
Under the Defense Base Act, the DBA insurance company may try and use a Labor Market Survey in order to reduce your DBA benefits. In order to understand what the purpose of the Labor Market Survey, you need to first understand the difference between scheduled injuries and unscheduled injures under the DBA.
Under the DBA if you have an unscheduled injury, your permanent disability benefits are based upon your wage loss. Meaning the difference between what you made as a DBA employee and what you are able to earn in your geographical area considering your physical disability, education, aptitudes and work experience.
A Tool To Reduce You and Your Family’s DBA Benefits
The insurance company will set up an appointment for you to meet with their Labor Market Survey person. This person will try and find jobs in your geographical area that you can perform. Then the DBA insurance company will try and use these jobs to decrease your weekly permanent disability award.
A Concerning Example (or why this is important to you and your family)
For example: You earned $2,200 per week as a DBA employee. You had a disabling back injury that prevents you from returning to work at your DBA employment. You return to your geographical area (say, Fresno, California). The Labor Market Survey states that there are jobs that you are qualified to perform in the Fresno area where you can earn $1,900 considering your physical disability, education, aptitudes and work experience.
If the Judge believes and credits the Labor Market Survey - your weekly permanent disability award will be as follows:
2/3 x $300 = $200
Thus, you will be entitled to a weekly disability award of $200 for the rest of your life or until you earn more than $1,900 a week, at which point your weekly disability payment will be reduced accordingly.
If the Judge did not believe and/or credit the Labor Market Survey you might be entitled to the maximum DBA compensation rate for the rest of your life:
As you see here - the Labor Market Survey was drastically reduce your weekly compensation award.
The Teaching Point:
Make sure your DBA Lawyer understands how to defeat and discredit Labor Market Surveys. We will cover how to do this in future web pages.
Nationwide Defense Base Act Practice
We are asked by injured DBA workers across the United States (and the world) to represent them. We have a Nation wide practice. We represent injured Defense Base Act workers that live across America. We are the number one Defense Base Act Law Firm in the Western United States. We can help you and your family too.
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. Let The Turley Law Firm put their experience to work for you.
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