Comments for The Defense Base Act Blog

Comment on Will the Defense Base Act foil the recent class action law suit against KBR? by Terry Brooks

Terry Brooks — Mon, 16 Apr 2012 22:50:21 +0000

I started working for KBR January 2005 until November 2011 I want to know about the overtime and uplift lawsuit and who do I need to contact.

Comment on The Attorney Escrow Accounts and the Prohibition of Commingling Client Funds by Lulaine

Lulaine — Thu, 01 Mar 2012 21:29:24 +0000

Many people do not understand the complexities and amount of ethics needed to be a lawyer. There are so many rules they have to follow with being paid one of the most important. The reasoning behind that is to deter any corrupting situation and that is where the escrow accounts come in. This is a good way to keep a good lawyer on a level ethical playing field with the client. For the unethical lawyers it puts a check on their possible ideas of using the money for their own purposes.

Comment on The Department of Defense may be pondering changes in Defense Base Act coverage by Leonard M. Manning

Leonard M. Manning — Tue, 14 Feb 2012 07:16:53 +0000

Mr. Chestnut,

I can assure you that the DBA did not cover my heart attack with working for MPRI in Afghanistan in 2010. I had been deployed since 2004 in Africa for 2 years, in Iraq for 13 months in 2007, Afghanistan in 2008 – all as an actively serving US Army LTC Engineer Officer. I retired in 2009 and came back to Afghanistan from 2009 until 2010 when I had a heart attack on Camp Black Horse; was moved to Kabul; then to Bagram; and finally to Germany where I received a stint. For the next year I lived out of my savings because nothing covered me, not DBA, not Workmen’s CVpmp, and not the LOngshoremen’s fund. So I would be very interested in hearing further since I was assured I would be covered when I went down while on duty; only to be told later that I wasn’t.
LTC Leonard M. Manning,Retired
currently working back in Afghanistan again

Comment on Labor Market Surveys and the Defense Base Act – How your benefits can be reduced by Herb Chestnut

Herb Chestnut — Mon, 23 Jan 2012 17:08:13 +0000

Alex,

You need to fight this. Insurance companies do this all the time thinking that claimant’s will not bother to look into it or hire an attorney to dispute their claims. The other thing you need to to is to apply for all of the jobs immediately and keep detailed records of your efforts. Even if you are not qualified, apply. The insurer does not tell you but the law says that if you make a dilligent effort to find work without success, you are entitled to full benefits.

As to any risk in hiring an attorney, there is none. They have already reduced your benefits. And, in these cases, we take the issue to a hearing and, if we win, the insurer has to pay our fees and costs.

I would be happy to discuss this with you at no cost or- obligation. Chances are they cannot legally do what they are trying to do. My toll free number is 800-881-4892.

Herb Chestnut

Comment on Labor Market Surveys and the Defense Base Act – How your benefits can be reduced by Alex

Alex — Mon, 23 Jan 2012 06:33:47 +0000

My TTD was converted to TPD and the amount reduced by over $700 Bi-Weekly based on Labor Market Survey. I contacted the Insurance Company telling them that I wasn’t qualified for 9 out of the 10 jobs they stated on the survey. They didn’t bother to respond and reduced the amount anyway. I contacted the Labor Department and their answer was for me to get an attorney. I’m afraid to get an attorney because I don’t want to lose the amount I’m getting right now which is a lot less then I used to get. Any Advice?

Comment on Is the Anaconda burn pit linked to illnesses in KBR contractors? by Herb Chestnut

Herb Chestnut — Wed, 18 Jan 2012 16:29:14 +0000

I am sorry for the loss of your brother. There were many types of exposures, especially in the early years of the war, that are still under scientific investigation. I have had clients with a variety of conditions ranging from pulmonary disease to forms of cancer. The most likely culprit are the huge burn pits that operated on many bases. In addition to cases under the DBA, there are civil cases pending regarding the burn pits.

If you would email me directly or call me, I will be happy to discuss the matter with you personally.

Thank you for your post.

Herb Chestnut

Comment on Is the Anaconda burn pit linked to illnesses in KBR contractors? by Anonymous

Anonymous — Sat, 14 Jan 2012 04:05:01 +0000

hello I am trying to find out if my brother John Zaffiro was exposed to any thing that would have caused his throat and lung cancer. He was a truck driver for K,B,R, in 2004 and 2005 and again in 2008 and 2009 all i know is he worked some were in Iraq, My brother passed away on January 2nd 2012

Comment 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

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

Comment on What rights does the Defense Base Act provide for those with severe bodily injuries? by Herb Chestnut

Herb Chestnut — Thu, 29 Sep 2011 15:25:11 +0000

Sounds like you are being put through the ringer. The main thing in dealing with these insurers are to be persistent and push the case to litigation. Many times insurers stop benefits without cause and they know as soon as they get in front of a judge, they are going to lose. The first step in that process is the informal conference. However, the DOL can only make recommendations. They are not binding. If the carrier does not comply with the recommendations, your attorney can request an expedited hearing. That will speed things up some.

Hope this helps.

Herb Chestnut