
Under the Defense Base Act your employer / carrier is obligated to provide you reasonable medical treatment. All too often the carrier will arbitrarily refuse to pay or stop paying for medical treatment. They will controvert your DBA claim.
One thing is certain - doing nothing is not the best option. If your Defense Base Act medical benefits are denied or the insurance carrier refuses to pay for your medical treatment you need to take action. Now.
A Good DBA Attorney
First, you need to hire a good DBA attorney. Which, of course, is easier said than done. If you do, your lawyer should be doing these things.
File a LS-203
Second, you need to file a claim for compensation with the US Department of Labor. You will need to file an LS-203. You can obtain the LS-203 from our office or the Department of Labor. Keep a copy for yourself. If you don't hear back from the Department of Labor within a few weeks of filing your claim, follow up in writing.
Medical Evidence
Third, you will need medical evidence. To begin with you need proof that you need the medical treatment. Usually it will be your treating physician who prescribed the treatment. You need something from the doctor indicating such. You don't need anything really formal. A letter on the doctor's letter head in the doctor's most legible handwriting can suffice. You can show the doctor this article if you want.
Many doctors will prepare a report for the insurance company. That is great. A typed more formal letter is great also, but some doctors charge for typed written reports. However, you are not in a position to pay for the medical report. In this instance a hand-written report can carry the day. The doctor's "report" should cover some basic points.
The doctor needs to state the treatment is related to your work injury. If the carrier is disputing you have a work related injury the report should describe how you were injured and why it is work related. A short explanation is better than as a conclusion.
The doctor should state why they are recommending the treatment. Finally, the doctor needs to state the treatment is necessary to cure or improve your industrial medical condition.
Request treatment be authorized
Fourth, you need to request the carrier to pay for the treatment. This needs to be in writing and you need to have a copy proving this.
District Office
Fifth, you need to contact your local District Office of the US Department of Labor. Send them a letter, briefly describing all of the above. Request an "Emergency Informal Conference."
Emergency Informal Conference Procedure
Sixth, at the emergency informal conference, calmly and patiently explain all of the foregoing to the Department of Labor Claims Examiner. The employer/ carrier will state their position after you do yours.
You really need a lawyer
Seventh, representing yourself should be your last and only resort. You need to find a good DBA / Longshore Act attorney to represent you. As the claimant, your credibility is always at issue. When you represent yourself you can unknowingly sabotage your case. Happens all the time. Do yourself a favor - get a good DBA/ Longshore Act lawyer. Even if you don't end up hiring us, we will help you find a good home. Don't end up with a lawyer that has never practiced before the US Department of Labor. Don't be afraid to ask how many Longshore Act trials they have done. You don't want a rookie.
Good Luck
In Addition, The Turley Law Firm represents persons whom live in California (and other States) and are injured on worldwide military bases. In that respect, we have a California wide practice/ worldwide practice. The Turley Law Firm accepts Defense Base Act clients that live all over California, including:: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo County, Yuba County. The Turley Law Firm accepts cases in the following California cities: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Escondido, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Inglewood, and Santa Clara.
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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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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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