“I don't pull punches. I always use plain English, with no sugarcoating, no B.S. lawyer talk, no double talk. Just old fashioned, unsweetened, unvarnished 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 sugarcoat their case, it will help them win their case. Wrong.
You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects you’re 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. 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.
Let me tell you about Roger Levy and Miranda Chiu
Roger Levy is a partner in the San Francisco based law firm Laughlin, Falbo, Levy and Moresi. In a nutshell, these lawyers do the bidding of Defense Base Act insurance companies. The lawyers at Laughlin, Falbo, Levy and Moresi are paid big bucks to deny legitimate DBA claims. They routinely use delay tactics to make seriously injured DBA workers wait years to get needed medical treatment and weekly compensation benefits. How do I know? I go up against their lawyers every day. In essence, these Lawyers and the DBA insurance compaies they represent take advantage of the DBA system. Instead of paying legitimate claims, these lawyers try and out-wait DBA claimants.
The DBA system is seriously broken. Instead of paying claims and investigating them later, the common practice is for DBA insurance company's to deny claims first and then make Claimants wait years and years to get the DBA benefits they deserve. Truth is, lawyers like Roger Levy and his firm get paid big bucks to destroy good families.
How can this happen?
You might ask yourself, how can this be? How can the Longshore/ DBA system be so seriously broken? Why do legitimate injuries get routinely denied? Why do good workers have to wait years to get the medical treatment and weekly compensation they deserve under the DBA? You might ask yourself, why isn't the United States Department of Labor doing more? Why doesn't the United States Department of Labor put a stop to this madness?
Is the fox watching the DBA hen house?
How many foxes get to make big bucks destroying good people's lives? How can it keep happening - again and again? Why doesn't the United States Deparetment of Labor do something? Anything?
Here is a quote from Roger Levy:
"I then received my first assignment, which involved the death of a passenger in an automobile that ran into and killed a camel in Saudi Arabia. I remember remarking to my legal assistant, Miranda Chiu, who is now with the Department of Labor in Washington D.C., that "we're not in Kansas anymore".
Miranda Chiu - Roger Levy's ex-assistant is now in charge of the DBA hen house:
Department of Labor News Release
Division of Longshore and Harbor Workers' Compensation (DLHWC)
News release - Appointment of DIRECTOR, DLHWC:
The Office of Workers' Comp Programs announces the appointment of Ms. Miranda Chiu as the Director of the Division of Longshore and Harbor Workers' Compensation. Ms. Chiu has served as Acting Director of the Longshore Division for the last eight months, and as the Division's Chief of the Branch of Policies, Regulations and Procedures for eight years before that.
Ms. Chiu has extensive experience in Longshore claims. She worked in various capacities in the Longshore arena for thirty years, beginning as a Claims Examiner in the San Francisco Longshore district office, then as a maritime claims supervisor in private industry and a legal assistant at a major Longshore law firm, before taking on her duties as Branch Chief in 2002.
Ms. Chiu holds a Masters Degree in Comparative Literature, and has published a lead article in 'The Longshore Textbook', 2nd and 3rd Editions. She is a frequent speaker at industry seminars and educational events and has won numerous awards for her work at the Department of Labor.
You read that right - Roger Levy's Ex-Assistant is now the Director of the Department of Labor Longshore system. She is the top person at the Department of Labor on Defense Base Act cases.
So we have a question: Is the fox guarding the hen house?
It sure seems like that to our clients. How about you: Do you feel like the fox is guarding the DBA hen house?
It's a Broken System
Are we putting all the blame on Ms. Chiu? Of course not. The Longshore/ DBA system is broke. She is in charge. This is Ms. Chiu's watch! Is she doing anything about this? I don't know. But I know one thing - I would sure like to sit down with Ms. Chiu and discuss these issues. If I do, I promise you, I won't pull any punches. It will be Defense Base Act Lawyer Straight Talk.
Is Miranda Chiu a "bad person?"
I don't know - I haven't met her. I know this - she has some really good people working for her. I have known some of the Department of Labor employees for a long time. I have worked with some of the Deparment of Labor claims examiners for 20 years. By and large, these are good people trying to do the best they can with a broken system. But leadership comes from the top. When will the Department of Labor leadership stand up and show us they are guarding the DBA hen house? Do something. Anything. Just stop the madness. Stop allowing the DBA insurance companies to destroy good people.
Is Roger Levy a "bad person?
I haven't met Roger Levy. I don't know. I have been told that he is charming, has a good sense of humor and is actually a nice guy. Seriously, that is what I have heard.
Let me tell you about Eric Richardson
Based upon what I read, Eric Richardson is the second highest ranking person at the Division of Longshore and Harbor Workers' Compensation (DLHWC). Eric Richardson used to be at the Long Beach DOL office. I know Eric. He is a good man. He has integrity. I personally like him. I can't see Eric working for Ms. Chiu, unless he respected her. I call it the way I see it folks, It is really that simple.
Are all the attorneys at Laughlin, Falbo "bad people?" I don't think so. They didn't go to law school to screw people over. What happens is they get out of law school and get offered good jobs in big cities like San Francisco and San Diego. They have big student loans to pay-off. Next thing they know they have to take orders from DBA insurance company claims examiners. These claims examiners also have mortgages and families. They are rewarded for controverting (read: denying) DBA claims. These DBA insurance company claims examiners are under intense pressure to deny claims. So they deny claims left and right. Trouble is, the claims they are denying are claims of legitimately injured workers. It is a vicious cycle. The attorneys get paid, the adjusters get promoted and your family goes through hell.
From my view, big name lawyers like Roger Levy bring in the business and young associates and partners are left to do the bidding of the DBA insurance company. Only these lawyers can't say "No" to the DBA insurance company adjuster - because they aren't Roger Levy. So the beat goes on. I talk to these seriously injured workers every day. They can't get vital medical treatment. They can't pay their mortgage because they aren't receiving any benefits. The system is seriously broken. And few people "within the system" are screaming about the system.
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