“Integrity is telling myself the truth. And honesty is telling the truth to other people.” Spencer Johnson
When handling your DBA case, nothing matters more then the honest truth. Nothing. You must be straight forward and honest about your case. I have seen many instances where a client will sugar coat their injury and the courts throw out the case. Why? All because they were not honest from the get go.
The DBA insurance company is not on your side. They have traps laying around for you to fall in. And bet on it, if you do not follow the proper steps with your DBA case, you will fall right in.
The Next Step
Remember the DBA insurance company is not your friend. I strongly suggest you order a free copy of my book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. Trust me. My only goal here is to make sure honest hard working folks like you, do not get ripped off by these companies.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
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Call us today at (619) 234-2833 or you can fill out the contact form on this web page.
You Have Free Choice of Physician
Under the DBA, you have what is called a free choice of physician. What does that mean? Defense Base Act is an extension of the Longshore Act (LHWCA). Under the LHWCA, you get your free choice of physician. You must choose wisely. Before making a free choice of physician, I recommend that you consult with a seasoned lawyer. The insurance company can not force you to treat with their physician. However, if you do treat with an insurance company doctor, be sure not to sign any documents which state that you are choosing the company doctor. This is very, very important.
Your Free Choice Begins After You Return Home
Generally, you don’t make your free choice of your doctor until after you return back home from overseas. For example, you may have received medical care in-theater. Or you may have been flown to receive medical care in a foreign city. However, you don’t actually exercise your choice of doctors until you arrive at your home. Once you return home, who you choose as your physician is critically important to your case.
Your Doctor Has a Presumption, What Does That Mean?
Your doctor is entitled to a presumption that his or opinion regarding the care you need and your resulting disability is correct. A presumption means that the Judge is supposed to initially credit your doctor’s opinion over the insurance company doctor. While the Judge can and sometimes will credit the DBA insurance company doctor over your doctor, if your doctor's opinions are well-reasoned and not conclusory, then you have a real good shot of having the Judge believe and credit your doctor.
Big trouble comes when your doctor gives opinions which are favorable to the DBA insurance company and not you. When your doctor goes against you, it is always a tough uphill battle.
This is one of the main reasons why I always tell my clients to be completely honest about everything with their doctor. If your doctor trusts and believes you, then he is more likely to provide opinions which help you. On the flip side, if your doctor doesn’t believe you, then he is much more likely to issue medical findings which do not help your case—or worse, actually hurt your case.
Never Let the DBA Insurance Adjuster Choose Your Doctor
You should never allow the DBA insurance company to recommend or send you to a doctor. This is always trouble. The doctor is not going to be neutral. Most likely the doctor is going to favor the insurance company, and that's never good.
The problem is that insurance companies are likely to recommend you see doctors that they know will put the company’s priorities first. This might mean declaring you to be at Maximum Medical Improvement too early or saying that you can return to work without taking into account the real demands of your job. This is why you need to be careful about choosing your own doctor.
This is why it’s crucial for you and your family to learn about your rights to medical care under the Defense Base Act and how the doctors you see can affect your case. For more information, request a free copy of my 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 provide you with great detail on how to talk to the DBA insurance company doctors on page 72-73, along with information on every other topic reguarding your DBA case.
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