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What is a Notice of Controversion, and how does it affect my Defense Base Act case?

If you have received a LS-207 Notice of Controversion, then things are not going well for you. Most likely the LS-207 is the bearer of bad news.

Your Defense Base Act benefits are being stopped, or decreased in some manner. Not good. 

In this article I answer the following questions (and more) on LS-207 Notice of Controversion:

What is a LS-207 - - Notice of Controversion?

Defense Base Act law regarding Notice of Controversion

Why should I read the fine print on the LS-208 Notice of Controversion?

The Defense Base Act insurance company sent me a Notice of Controversion - what should I do?

What should I do if Defense Base Act insurance company stopped my benefits? ....Why is this is no time to dilly-dally?

What is a “get in line and wait” system with the DBA? 

Why is it a good time to lawyer-up? 

Why do I need to be ready?

What is the biggest problem with DBA claims (it sucks, but it's the way it is)?

It really sucks 

What do I really need to do?

What is some more bad news on the Notice of Controversion?

What is a 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.

Defense Base Act law regarding Notice of Controversion

If employer (read: DBA insurance company) controverts the right to compensation, it must file a notice on or before the 14th day after it has knowledge of the alleged injury or death or is given notice under Section 12. See Spencer v. Baker Agricultural Co., 16 BRBS 205 (1984); Section 14(d). 

Why should I read the fine print on the LS-207 Notice of Controversion?  

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.

 

Defense Base Act - Notice of Controversion - what should I do?  Bill Turley explains the Defense Base Act


"Answers to your Defense Base Act questions in simple, easy to understand English. No legal mumbo-jumbo, lawyer talk. Ever.  


Defense Base Act Lawyer - Bill Turley - author of the "must have" 5 Star Book - Win Your Defense Base Act Case

Win Your Defense Base Act Case - Bill Turley

Why you shouldn’t do anything until you read my book - Win Your Defense Base Act Case

I strongly suggest that you don’t do anything regarding your DBA case until you read my book. In fact, many of the reviews on amazon.com will tell you the same thing. There is a reason for that. It’s because you need to know about the ways the DBA insurance company is going to try and trick you and trap you before you make one of these case ending mistakes.


Don’t talk to the adjuster, sign any forms (never sign any releases), give a recorded statement, go to your next medical appointment, go the defense medical examination (also called an IME), attend an informal conference, go to a Labor Market Survey appointment, give a deposition, hire the wrong Defense Base Act attorney,  or do anything else related to your Defense Base Act Case until you read my book - Win Your Defense Base Act CaseAgain, go to the reviews on amazon.com and folks that have been in your position, will tell you the same thing.

You don't have to believe me - check out the 5 Star reviews on amazon.com

 

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.

 

What should I do if Defense Base Act insurance company stopped my benefits? ....Why is this is no time to dilly-dally?

You need to immediately take action. Remember, I told you to read the LS-207 and see what the reason is that the DBA insurance company stopped your benefits?  That is a good place to start. You need to obtain evidence to rebut or counter whatever what the DBA insurance company is saying the reason is for cutting off your DBA benefits. 

You need to get the evidence needed to win your case. Now. 

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.

 

What is a “get in line and wait” system with the DBA? 

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. This all can take a very long time. Months or even years. Depending.  This is why you need to jump on this right now. 

Why is it a good time to lawyer-up? 

If this has happened to you (that is having an LS-207 Notice of Controversion filed by the DBA insurance company) , 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.

Why do I need to be ready?

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.

What is 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. There is nothing to stop them from doing this.

All the DBA insurance carrier has to do is file an LS-207 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 all 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.  Your way to fight this is for you to put together (read: marshal) the best evidence you can in order to prevail in your case.

What do I 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.

 

What is some more bad news on the Notice of Controversion?

Under the law, the DBA insurance company can deny your claim and/or cut off your benefits for just about any reason they want. It doesn't have to be a good reason. Or even a truthful reason. They can and will cut off your benefits at any time. In order for it to be "legal" they just have to file a Notice of Controversion. 

 

But it's not all bad news 

Here is some good news. You found this website. You are hopefully going to get a copy of my book. 

Instead of feeling bad about the way things are, I suggest you start today to fix your case. Oftentimes, even the worst mistakes can be fixed. While we can't always get humpty-dumpty back up on the wall, so to speak - we can get things put together enough for you to either settle your case or prevail at trial. 

The first thing you need to do is to start working on making your case better. No promises or guarantees, of course. 

 

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. 

William Turley
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“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”