“I use plain English that everyone can understand, with no sugarcoating, no B.S. lawyer talk, no double talk. Just old fashioned, unsweetened truth.” Defense Base Act Lawyer - Bill Turley
My Best Advice
Nothing is more important when handling your case, then speaking the truth. People who believe if they sugar coat their case, it will help them win more money. Wrong.
You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects your not telling the truth, you can say goodbye to your case. Count on it. I have seen it time and time again.
My Second Best Advice
Take the time to research your case. The more homework you do, the better your case. 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.
And before you do, check out the 5 Star Amazon Reviews. It will be the best thing on helping you take the necessary steps to win your Defense Base Act Case.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
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Give us a call. (619) 234-2833
Getting Medical Treatment under the Defense Base Act
Under the Defense Base Act you are entitled to medical treatment to cure and treat the affects of your DBA injury. The medical treatment that you are entitled to includes all medical, surgical, and hospital treatment and other medical supplies and services required by the employment related injury, as well as the cost of travel and mileage incidental to such treatment. It sounds simple enough, but that would always be the case. In many instances, the DBA insurance company will deny your medical treatment.
You Are Free to Choose Your Own Physician
You have a free choice of physician for your Defense base Act medical treatment. This means you can choose your own doctor. You must request authorization from the DBA insurance company in order for your to be treated by your free choice physician. Be sure to do this in writing. An email will do. Make sure you copy yourself with the email to prove that you did this. The DBA insurance company must pay for the medical treatment furnished by your free choice physician.
An Honest, Competent Doctor Is All You Can Ask For
You need to make sure the doctor that you choose as your Free Choice Of Physician is going to "call it the way they see it." Meaning, the doctor will not lean towards the insurance company. At the end of the day, all you want is an honest doctor. Sometimes, the DBA insurance company will either not authorize your free choice physician or they will only authorize treatment with a doctor of their choosing. You should never agree to treat with the DBA insurance company doctor. Once they release you and say, “You are fine, back to work,” it will be hard to overcome this. If the DBA insurance company will only allow you to see their doctor, you need memorialize this in an email. Be nice, but say exactly what is going on. Make sure you copy yourself with the email to prove that you did this.
What If My Medical Treatment Gets Denied?
Usually the Defense Base Act insurance company will file a Notice of Controversion LS-207, which denies your medical treatment. When this happens you will need to have evidence which states your injuries were caused by your DBA employment and that you need medical treatment. A doctor’s report is what you will usually need.
Even If You Don’t File a Claim in a Timely Manner, You Can Still Get Medical Treatment
First, it is rare when you can’t win a statute of limitations fight in a DBA case. Even if you claim is time barred - you are still entitled to medical treatment. There is no DBA statute or limitations for medical treatment. That is, medical treatment is never time barred.
What If the DBA Insurance Company Won’t Authorize Me to Get Medical Treatment?
My first advice is to lawyer-up, and fast. But, I realize some of you may want more information than that. In order to prevail in your case to get medical treatment, you are going to need a doctor to say that you have a DBA related injury—it doesn’t have to be work related, you just have to have a medical condition that was aggravated or accelerated by your being overseas during your DBA deployment. And the doctor should say that you need medical treatment for this condition/ injury. The more detail, the better.
That being said, a well reasoned couple of paragraphs will do fine, at this point. Once you have this, the burden shifts to the DBA insurance company to produce evidence that your injuries are not related to your DBA deployment.
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