
The DBA Is Liberally Interpreted
U.S. courts have interpreted the DBA as being "liberally construed in conformance with [the LHWCA's] purpose, and in a way which avoids harsh and incongruous results." However, the Defense Base Act insurance companies play a far different game.
Instead, the DBA insurance companies are allowed to "game" the system by not paying benefits and trying to force DBA claimants to settle cheap. While the case law may be liberally interpreted, the DBA procedural quagmire allows DBA carriers to stop paying benefits and effectively force DBA workers to "die on the vine."
The DBA System of Attrition
Attrition: A wearing down or weakening of resistance, especially as a result of continuous pressure or harassment.
Under the DBA system, seriously injured DBA workers must outlast long litigation delays in order to receive the workers' compensation benefits which the Defense Base Act provides. In essence, there is little downside to DBA insurance carriers to simply try and out-wait DBA claimants. So, time and again, seriously injured DBA claimants are forced to live years without benefits waiting for a trial and an Order compelling the DBA insurance company to provide DBA benefits.
The system is seriously broken. However, seriously injured DBA workers need to know the reality which they are facing. It is a system of attrition.
Your Long Term Strategy
In order to prevail, you must develop a three part strategy.
First, you need to develop the evidence needed to prevail over the issues which the DBA carrier is denying your claim. Focus on why the DBA carrier is not providing you benefits. Usually, but not always, the DBA carrier will controvert your DBA claim and not provide benefits over some element of the evidence.
Sometimes, this strategy will either persuade the DBA carrier to reinstate your benefits or offer a more fair lump-sum settlement.
Second, you need to develop a strategy on how you and your family are going to survive over the long haul. That is, how to win the war of attrition. Don't think that just because you have a legitimate claim that the DBA carrier is going to pay you the Defense Base Act benefits which you are entitled. Instead, you need to be planning how you are going to survive the many months without receiving any benefits.
Third, you need to have a Defense Base Act attorney that is going to advance your DBA claim as quickly as possible. That is, marshaling the evidence, requesting and then holding an emergency informal conference, getting recommendations issued, filing an LS-18, and then proceeding to trial as quickly as possible.
Disclaimer
This article is not legal advice. Your situation and/or evidence may differ from those being described herein. You are strongly advised to seek a seasoned Defense Base Act Lawyer if you have a DBA claim. When you bring a DBA case your credibility is always at issue. Meaning, if you get caught in a lie you will lose your case. Always tell the truth.
Call 619-234-2833 or toll free at 866-963-0540 or e-mail us at this website.
You Need To Take Action
Your employer/ carrier is obligated to provide you reasonable medical treatment and temporary total disability benefits under the Defense Base Act. Too often the carrier will arbitrarily refuse to pay or stop paying for medical treatment and will stop your workers' compensation checks. The insurance carrier will controvert your DBA claim.
Doing nothing is not the best option. If your Defense Base Act medical benefits or workers compensation - TTD checks - are denied or the insurance carrier refuses to pay for your medical treatment or TTD you need to take action. Now. See this website for free information on the DBA. This is the most comprehensive DBA website in California.
Call 619-234-2833 or toll free at 866-963-0540 or e-mail us at this website.
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Defense Base Act Essentials.... This article is "MUST READING" for seriously injured Defense Base Act workers.
If you only read one web page on the Defense Base Act - This should be it. 15 Essential Defense Base Act Tips.
* Since 1987, The Turley Law Firm has worked tirelessly to help their Defense Base Act clients recover. This includes recovering from their work-injury and/or personal injury physically, emotionally and monetarily
* Their firm is respected throughout California's legal community and courts
* Highest rated Defense Base Act lawyer in California by AVVO.com
* Elected President of the Consumer Attorneys of San Diego and
* Elected to Board of Governors of Consumer Attorneys of California
* Asked to lecture to other lawyers. Bill teaches other lawyers how to practice law.
* Speaker at the 2011 Maritime Personal Injury Seminar (spoke on the Defense Base Act)
* Chosen a Consumer Attorney Trial Master
* Awarded 2011 Super Lawyer - Defense Base Act
We are asked by injured DBA workers across the World to represent them. We have a World wide practice. We represent injured Defense Base Act workers that live across World. We can help you and your family too.
Us being from San Diego helps 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. Let The Turley Law Firm put their experience to work for you.
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. We have the most comprehensive Defense Base Act website.
Always tell the truth regarding your Defense Base Act injury claim. Whenever you go into court asking for money your credibility is always at issue. Don't fudge or exaggerate your claim or injuries. You only have one case and you don't get any "do-overs." Don't risk losing your case - - always tell the truth.
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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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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