Comments on: The Department of Defense may be pondering changes in Defense Base Act coverage

By: Herb Chestnut

Herb Chestnut — Wed, 11 Jan 2012 17:29:22 +0000

Ed,

Normally in a workers’ compensation setting, heart attacks are closely scrutinized and sometimes difficult to prove. However, due to a couple of favorable portions of the DBA, heart attack claims are more easily proven than in other compensation jurisdictions. Specifically, the presumptions built into the act and the “zone of special danger”, coupled with the long hours, severe temperature and relatively heavy nature of the work involved in Iraq and Afghanistan make proving a causal connection between a heart attack and working environment much easier than a stateside injury.

We would be happy to assist anyone you would like to refer. Please have them call me or Aaron at 800-881-4892

Thank you for your post.

Herb Chestnut

By: Ed

Ed — Wed, 11 Jan 2012 17:07:13 +0000

Dear All,

Can you please tell me if heart attacks are covered under DBA. I now couple of guys that were driving for one of the US Army contractors, which have both died due to heat attacks. one of the drivers died in Iraq inside one of the camps and the other one died at the contractor yard.
that was a year ago and both families yet to receive any settlements. I have heard that both claims were rejected.

Thanking you in advance

By: Terry Adkins

Terry Adkins — Wed, 25 Nov 2009 11:11:01 +0000

I was in Iraq over a year ago I came down with respotory and heart problems during my time there. When I contacted AIG they didn’t want to help in anyway , I called the department of labor and they along with another attorney sent me to a person that really cares and is not just in it for the money Herbert Chestnut I truley believe he cares .Thanks to him he settled things with AIG so I can recieve medical treatment now . Him and his staff care and they work fast because time was important . He knew I needed treatment fast .

My name Terry and I am an american living overseas so there in its self was a up hill battle . If anyone of you has exposed to te burnpit there in Iraq write to him at herbchestnut@bellsouth.net or call Mr. Chestnut at Herbert J. Chestnut
Herbert Chestnut & Associates
Attorneys at Law
Alexander Square, Suite 10
328 Alexander Street
Marietta, GA 30060
ph: 770 795 7600
fx: 770 420-2140
let him show you that he cares like he showed me
it doesn’t matter where you live I am prove of that

Sincerly Terry

By: Aaron Walter

Aaron Walter — Wed, 01 Jul 2009 05:03:01 +0000

Thanks for the input Harold. I am far from a tax expert but I have never known any Workers’ Compensation settlement to ever be taxed in any way.

If you settle your case and recieve payments over time (maybe as an annuity) your estate would recieve them upon your death. If you are recieving PPD benefits, absent a settlement, your death ends your benefits.

By: harold

harold — Wed, 01 Jul 2009 04:33:38 +0000

Hi, I just wetn through this. I think it’s publication 525 from the IRS. Under most cases, your settlement is not taxable and is exempt from creditors as well. Not sure about death benefits for survivors.

By: jusaguy

jusaguy — Tue, 30 Jun 2009 16:00:11 +0000

Are settlements (like an unscheduled PPD) taxable? And what if I die? Does my spouse continue to get payments.

By: Herb Chestnut

Herb Chestnut — Tue, 26 May 2009 14:37:23 +0000

You are correct. Generally the subrogation lien is subject to negotiation and compromise, especially where the result of the trial is uncertain and there are negotiations to settle the third party claim.

By: jusaguy

jusaguy — Tue, 26 May 2009 04:17:07 +0000

I haven’t seen a post from Mr. Chestnut on this yet, but it seems like you could sue the third party and then get the carrier to compromise on its lien. I believe that’s how it works in normal workcomp.

By: Herb Chestnut

Herb Chestnut — Fri, 10 Apr 2009 17:49:52 +0000

Great comment and a great topic for a future post. In short, the DBA does not (and cannot) prohibit suits against a third party who is not your employer or, in some cases, an entity who contracts with your employer. That particular subject can become very complicated. However, where the person or entity responsible for your injury is not connected to your employer, there is no prohibition.

There is a right to subrogation and the comp carrier can file a lien on your recovery. Therefore, please get some advice before considering settlement of your third party claim.

We will try to get a post up in the next two weeks.

Herbert Chestnut

By: hurtin in iraq

hurtin in iraq — Fri, 10 Apr 2009 05:28:31 +0000

Thanks for an informative website. I wonder what the DBA says about 3rd party actions, ie if you are suing another party(not employer obvisously) and receiving workcomp payments or settlement. There doesn’t seem to be much information out there about that.

Thanks