When an insurance carrier denies a claim, the injured worker is placed in the position of having to pay for his or her medical treatment while the case is pending and before a judge has ruled on the merits of the claim.  If the claim is determined to be compensable under the Defense Base Act, then the individual is entitled …

Dealing with nurse case managers in Defense Base Act claims sometimes can be beneficial, but at other times may not be in your best interests. If the nurse case manager is assisting you in scheduling of appointments, that is fine. However, you must watch to make sure that the nurse case manager is not working as an “investigator” for the …

At some point in the litigation process – from the time we file a request for trial to the trial date itself – an opportunity may arise for the Parties to attend mediation.  Mediation is an informal meeting between the Parties, moderated by a neutral attorney called a mediator (the mediator has no interest in the outcome of the case, …

Recently we have seen a rash of denials of Defense Base Act claims on the assertion that the injured worker did not notify the Employer of his accident or injuries. In order to ensure that your Employer is notified, please make sure to keep a copy of any and all documents reporting the injury. If you must, we would recommend …

I read an article today in The Washington Post concerning the seven Americans killed in Afghanistan on April 29, 2013 when their cargo plane crashed in Afghanistan.  This incident got me thinking about the death benefits for survivors available under the Defense Base Act. As we’ve already discussed, injuries or deaths that occur while working overseas pursuant to a U.S. …

In handling Defense Base Act claims both nationally and internationally, we very often do not see our clients until a deposition, Mediation or trial is scheduled. While our office is well equipped to handle both national and international claims through telephone contact, email, and Skype due to the nature of the practice, discovery and litigation are commenced while we are in …

Todo el mundo ha oído esta máxima en un momento u otro. Esto es particularmente cierto en el contexto de su caso. Muchas veces, debido a las confusas circunstancias que rodean a una lesión, el tiempo, o simplemente la mala memoria, las historias cambian. Lo que una persona no quiere que suceda es ser acusado es mentir al tribunal. Por …

Our firm represents injured workers from around the world in their Defense Base Act claims. Modern technology makes this possible, and helps overcome some of the more traditional logistical problems associated with a worldwide client base. If you live in the United States, our attorneys will travel to your location for mediation and trial. Our U.S. clients also have the …

En los casos en que la compañía de seguro está negando el pago de beneficios de compensación, nuestros clientes se encuentran en una situación financiera difícil. A menudo, nuestros clientes se preocupan de que si se involucran en cualquier empleo esto puede anular su derecho a beneficios de compensación bajo la Ley de la Defensa. Sin embargo, un individuo, a …

In cases where the insurance companying is denying the payment of compensation benefits, our clients are placed in a difficult financial situation. They are also often concerned that if they engage in any employment that this may negate their entitlement to compensation benefits under the Defense Base Act. However, an individual, even though they are working, may still be entitled …

Everyone has heard this maxim at one point or another in the past.  This is particularly true in the context of litigation.  Oftentimes, due to the confusing circumstances surrounding an injury, the time delay, or simply poor memory, stories become confused.  What a person does not want to happen is to be accused of misguiding the court.  Therefore, from the …

Recently there seems to be a trend coming from the Appellate Courts giving great deference to a Trial Judge when interpreting the medical evidence within claims falling under the Longshore and Harbor Workers’ Compensation and the Defense Base Act. In the past the Courts tended to look for substantial evidence by the Employer/Carrier either disputing the injuries or disputing an …