What Is an LS-207 - - Notice of Controversion?
An LS-207 Notice of Controversion is a form. But this form can, and usually will, cause you a lot of problems.
Under the Defense Base Act, the employer (read: the DBA insurance company) is supposed to file an LS-207 - - Notice of Controversion when they cut off your Defense Base Act benefits. Or whenever they deny your claim.
It is called “LS” because of “Longshore.”
"207" is the form number.
If the DBA insurance company is not providing you with weekly compensation benefits (i.e. a weekly compensation check), then they will usually file a LS-207 - Notice of Controversion with the US Department of Labor and you will be sent a copy.
Read the fine print
The LS-207 will usually state the reasons why the Defense Base Act insurance company is denying your benefits. Read it carefully. Your job is to marshal the evidence in your case to overcome the reason(s) why the insurance carrier is denying your Defense Base Act claim.
If the DBA insurance company has sent you an LS-207 - Notice of Controversion, you need to make sure you read it and get the documentation necessary to overcome the reasons why the DBA insurance company is denying your claim.
The Defense Base Act insurance company sent me a Notice of Controversion - what should I do?
This is a very common question. The simple and easy answer: it's time to lawyer-up.
It's time to find the very best Defense Base Act Lawyer you can. However, I realize you might want more than advice than "Hire a good Defense Base Act Lawyer." While this is the best advice I can give you - I will also provide some candid insight. Read on.
This is no time to dilly-dally
You need to get the evidence needed to win your case.
For example, a well written doctor’s report, that says your injury/ disability was caused and/or aggravated due to your being overseas.
Next, you need to immediately request an Emergency Informal Conference. Then you must have Recommendations issued by the OWCP claims examiner. Then you must file a LS-18 in order to get a trial scheduled. I discuss this in more depth in this article.
A “get in line and wait” system
The quicker you get your case to the Judge's office and start waiting in line for your trial and then your Decision and Order, the quicker you will get your weekly disability benefits, medical treatment, etc. Sometimes once you get the necessary documentation (i.e., a medical report), the DBA insurance carrier will start providing you with weekly compensation benefits. Oftentimes, the threat of a trial will get the DBA insurance company to provide benefits or settle cases.
If this has happened to you, right about now would be a good time for you hire the best DBA lawyer you can find. Hey, know this - hiring a DBA lawyer doesn't have to be painful or stressful - and it shouldn't be.
In other words, you need to prepare today for the DBA insurance company cutting off your Defense Base Act weekly benefits or not approving needed medical care. This is the number one reason why you need to lawyer-up before your benefits are cut off. If you get an LS-207 Notice of Controversion in the mail - - don't wait - immediately hire the best Defense Base Act Lawyer you can find. This is how the DBA insurance company tells you they are denying your claim.
The biggest problem with DBA claims (it sucks, but it's the way it is)
The biggest single problem with the DBA / Longshore system is that there is no deterrent to prevent insurance companies from denying claims. All the insurance company has to do is to file an LS-207 Notice of Controversion and they can stop providing you benefits that there is nothing to stop them from doing this.
All the DBA insurance carrier has to do is file an LS-208 Notice of Controversion and there is nothing that you or the Judge can do about it under the law. They type “Investigating the claim.” And the law says that is a perfectly fine reason for the DBA insurance company to deny your claim, even if you have the most rock-solid evidence to support your claim.
It really sucks
Me telling you that this is the way it is, is far better than me trying to blow smoke up your skirt. My job is to tell you the way it is. I'm all about telling you the truth. And this sucks. There is no two ways about it. You need to know the way the system works.
Don't mistake this harsh reality with me suggesting that you should give up on your case. Far from it. You're way to fight this is for you to put together (read: marshal) the best evidence you can in order to fight this.
What you really need to do
I realize I am being a little simplistic here and I explain all of this in more depth in my 5 Star book - Win Your Defense Base Act Case.
Click here for the 5 Star amazon.com reviews of my book.
What you're going to see is my book is the very best investment you can make in your DBA case. You can get a copy for free on this website or go to amazon.com and pay for it. Before you dismiss this idea, go to amazon.com and check out the dozens of 5 Star reviews.
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.