As a civilian contractor you will be denied early treatment by the defense base act insurance company.
David Woods The Huffington Post September 20, 2012
WASHINGTON — Almost a quarter million American troops diagnosed with traumatic brain injury are at risk of developing a degenerative disease that causes bursts of anger and depression and can lead to memory loss, difficulty walking and speaking, paranoia and suicide, according to military researchers.
At present, medical officials cannot diagnose or prevent the disease, called Chronic Traumatic Encephalopathy, and there is no known treatment for it, said Army Col. Dallas Hack, director of the Army’s Combat Casualty Care Research Program.
But researchers are hot on the trail of new procedures to detect and diagnose the disease, and there is hope that early detection of brain injury among troops exposed to blasts from improvised explosive devices in Afghanistan could prevent them from falling victim to CTE.
“We don’t fully understand the incidence of CTE with the occurrence of traumatic brain injury,” said Air Force Lt. Col. Randall McCafferty, chief of neurosurgery at the San Antonio Military Medical Center. “But we may be able to learn that early treatment of the initial acute [brain] injury may avoid this cascade from brain injury to CTE.”
Tierney and Cummings Seek Administration Help on Legislation to Save Taxpayers Billions on Defense Base Act Insurance
“IT”S TIME TO FIX THIS PROGRAM”
Today, Rep. Elijah E. Cummings, Ranking Member of the House Committee on Oversight and Government Reform, and Rep. John F. Tierney, Ranking Member of the Subcommittee on National Security, Homeland Defense and Foreign Operations, sent a letter to the Office of Management and Budget requesting support for, and input on, H.R. 5891, The Defense Base Act Insurance Improvement Act of 2012.
“This is a common-sense bill that would save the American taxpayers billions of dollars,” said Tierney. “Numerous government audits have concluded that we are paying too much for workers’ compensation insurance for overseas government contractors, and that these workers aren’t getting what they deserve. It’s time to fix this program.”
The legislation would transition the existing Defense Base Act (DBA) insurance program to a government self-insurance program. According to a 2009 Pentagon study, this change could save as much as $250 million a year. The study found: “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”
“We are sponsoring this legislation because several audits of the current DBA program have documented enormous unnecessary costs incurred by taxpayers,” Cummings and Tierney wrote.
The existing system has been a boondoggle for private insurance companies, which have reaped enormous profits under the program. According to an Oversight Committee investigation, insurance companies providing DBA insurance in Iraq and Afghanistan have made enormous underwriting profits that are significantly higher than those of traditional workers’ compensation insurers.
The letter from Tierney and Cummings requests support for the legislation and notes that “OMB may be evaluating similar options.”
After many years of surviving an extremely abusive Overly Zealous Defense
These benefits were recently taken away by the Benefits Review Board when Attorney Bruce Nicholson, who was actively pursuing a settlement with KBR/AIG’s Attorney Michael Thomas, had a contract with the widow, was the attorney of record with the BRB, did not as much as respond to the Appeal.
While Bruce Nicholson is the one who apparently purposely abandoned the claim, Michael Thomas and the BRB were more than happy to carry on without notifying the widow that AIG’s appeal of her claim was unopposed.
Our thoughts are with you today Barb
Injured War Zone Contractor Dan Hoagland shares his story of medical treatment denied by KBR/AIG, resulting in a death sentence by Cancer, with Sean Calleb.
Scott Bloch, Defense Base Act Attorney tells the truth about the Defense Base Act Insurance Scandal and our Defense Base Act Class Action Lawsuit.
Florida Today June 8, 2012
John Kirkland, 55, of Houston, TX, passed away on June 1, 2012, during an attack by the Taliban in Afghanistan. Son of Jeannine and Gordon, John was born in Atlanta, Georgia on June 16, 1956. He would have been 56 years old on June 16th.
John grew up in Florida, where he lived in Melbourne and Palm Bay. He owned and operated a local stucco business until he moved to Houston in 1998. He lived there before becoming employed in 2006 as a Maintenance Mechanic for KBR, a civilian military contractor.
John’s first job assignment was at a military base located in Iraq in 2006. In May, 2010 he was transferred to a Forward Operating Base in Afghanistan named Salerno, where he worked for the civilian military contractor Fluor. He was killed on June 1, 2012 during an attack by the Taliban. His remains will be cremated at Dover Air Force Base.
John is survived by his son, Christopher Ashley Kirkland; and his two brothers, Virgil Eugene Kirkland of Ocala, FL and Douglas Paul Kirkland of Palm Bay, FL; as well as an Aunt and Uncle, Glenda and Eddie McCoy of Mooresville, NC, along with numerous cousins.
Private security firms won lucrative contracts to supply support staff and security guards to back up US forces in Iraq. They recruited Ugandans and pushed them to the limit, on low pay and no benefits
Like all foreign nationals working for PMCs under contract to the Pentagon, sick or wounded Ugandans repatriated from Iraq are, in principle, covered by the Defense Base Act, which guarantees that their employer’s insurer will reimburse their medical expenses. It also provides for disability pay for the most unfortunate. “But, all too often, the Ugandans do not receive the medical care and disability that they are supposed to,” American lawyer Tara K Coughlin told me.
by Alain Vicky LeMonde Diplomatique May 6, 2012
“I realised immediately that I’d just made the worst mistake in my life. But it was too late. I’d signed up for a year. I had to take it like a man,” said Bernard (1), a young Ugandan who worked for an American private military company (PMC) operating in Iraq. He was part of the “invisible army” (2) recruited by the US to support its war effort. Bernard returned to Uganda last year. He is ill, but has been denied the welfare and healthcare benefits promised in his contract.
White recruits — from the US, Israel, South Africa, the UK, France and Serbia — hired by PMCs that have won contracts with the Pentagon (worth $120bn since 2003) have received substantial pay, often more than $10,000 a month; “third country nationals” (TCNs) like Bernard have been treated badly and their rights as employees have been abused. Some, sent home after being wounded, get no help from their former employers.
In June 2008, when the US began its withdrawal from Iraq, there were 70,167 TCNs to 153,300 regular US military personnel; in late 2010 there were still 40,776 TCNs to 47,305 regulars. TCNs (men and women) were recruited in the countries of the South to work on the 25 US military bases in Iraq, including Camp Liberty, an “American small town” built near Baghdad, which at its peak had a population of over 100,000. They made up 59% of the “basic needs” workforce, handling catering, cleaning, electrical and building maintenance, fast food, and even beauty services for female military personnel.
Some, especially African recruits, were assigned to security duties, paired up with regular troops: 15% of the static security personnel (guarding base entrances and perimeters) hired by the PMCs on behalf of the Pentagon were Sub-Saharans. Among these low-cost guards, Ugandans were a majority, numbering maybe 20,000. They were sometimes used to keep their colleagues in line: in May 2010 they quelled a riot at Camp Liberty by a thousand TCNs from the Indian subcontinent.
The high ratio of Ugandans was due to the political situation in central Africa in the early 2000s. In western Uganda the war in the Great Lakes region was officially over. In northern Uganda the Lord’s Resistance Army rebels had been brought under control. In neighbouring Sudan the civil war was over, opening up the way to independence for the south (3). More than 60,000 Ugandan troops were demobilised; Iraq seemed like an opportunity. The Ugandan government, a key ally of the US in central Africa, was one of the few to support the Bush administration when the Iraq war began in 2003. US and Ugandan armed forces have collaborated since the mid-1980s. Ugandan journalist and blogger Angelo Izama (4) told me that in 2005 the US needed more paramilitary security — “They were looking for reliable labour from English-speaking countries, veteran labour” — and turned to Uganda.
You and your family in our thoughts today and everyday
Bloomberg January 10, 2012
KBR Inc. (KBR) settled a lawsuit brought by an injured convoy driver who claimed the company sent civilians into a battle zone in Iraq in 2004 knowing they would be attacked and possibly killed, according to a court filing.
Reginald Cecil Lane, the injured driver, reached a“confidential settlement” with KBR and its former parent,Halliburton Co. (HAL), his lawyer Tommy Fibich said in court papers yesterday. Lane and the defendants asked the court to dismiss the lawsuit, according to the filing.
KBR, a Houston-based government contractor, was also sued by the families of seven drivers who were killed in Iraq. The company is appealing a ruling by U.S. District Judge Gray Miller in Houston allowing the suits to go forward. The other claims haven’t been settled, Scott Allen, a lawyer for the families, said today in a phone interview.
Sharon Bolen, a KBR spokeswoman, and Fibich didn’t immediately return calls or e-mails seeking comment on the settlement.
The case is Lane v. Halliburton, 06-CV-01971, U.S. District Court, Southern District of Texas (Houston)
The President of the United States: Include U.S Civilian Contractors in Deaths/Injured in Iraq & Afghanistan
Why This Is Important
As Americans, we all feel a sense of patriotism when it comes to our great country. The men and women who chose to go to Iraq and Afghanistan in a civilian capacity to serve our country are NOT included in the numbers when they tally the numbers of Deaths and Injured. Why should they be included you may ask? Why should they be excluded I ask.
When a civilian contractor is killed or injured the American people are paying the bill. Survivor benefits, worker’s compensation, funeral expenses, medical expenses etc are all paid for by the American people. While the multi-billion dollar private military companies like (DynCorp, KBR, Xe, etc.) sit back and continue to reap the benefits of the continued international conflicts.
If you know a civilian contractor who is currently employed, has been injured, has been killed please sign our petition. Although many of these men and women who chose to serve our country in the civilian capacity are retired military personnel, they receive no acknowldgement of their sacrafices when they are injured or killed.
Instead our Government wants to hide these brave men and women and not include these losses in the numbers of Americans who have sacrificed
Defense Department Inspector General says KBR and the military failed to respond quickly to health risks posed to Oregon soldiers
The OregonianSeptember 28, 2011
The Defense Department and contractor Kellogg, Brown & Root failed to act as quickly as they should have to protect those exposed to a carcinogenic chemical at an Iraqi water treatment plant in 2003, according to a report Wednesday by the Defense Department’s Inspector General.
The report was hailed as a victory for Oregon soldiers by Sen. Ron Wyden, D-Ore., who was one of a group of senators who sought the IG’s evaluation, and by Oregon National Guard troops who are among those suing KBR. They accuse the contractor of knowingly exposing them to sodium dichromate, an anticorrosive compound that can cause skin and breathing problems and cancer.
Because KBR “did not fully comply with occupational safety and health standards required” under its contract with the Army, the Inspector General found, “a greater number of Service members and DoD civilian employees were exposed to sodium dichromate, and for longer periods, increasing the potential for chronic health effects.”
The report found that “nearly 1,000 Army soldiers and civilian employees were exposed to the compound in the five months it took from the initial site visit until the military command required personal protective equipment.”
“To me, the bottom line is this report confirms what Oregon soldiers and I have been saying for years,” said Wyden. “KBR and the military command failed to protect soldiers from a known threat.”
Houston-based KBR couldn’t be reached for comment before deadline. KBR has previously denied knowingly exposing soldiers or contractors to health risks.
Rocky Bixby of Tualatin, the former Oregon National Guard soldier who is listed as the first plaintiff in the suit against KBR, said Wednesday afternoon that he hadn’t yet seen the report, but is “obviously happy.”
“I’m just happy that the government is making a stand on this and protecting its troops,” said Bixby, who says he continues to suffer breathing difficulties that started after he helped secure the plant where KBR was working to restore water service.
The 56-page report also faults the military’s handling of the work at Qarmat Ali, from the vague wording of its initial contract to its failure to monitor the contractor’s compliance with its terms
T Christian Miller ProPublica September 27, 2011
Private contractors injured while working for the U.S. government in Iraq and Afghanistan filed a class action lawsuit  in federal court on Monday, claiming that corporations and insurance companies had unfairly denied them medical treatment and disability payments.
The suit, filed in district court in Washington, D.C., claims that private contracting firms and their insurers routinely lied, cheated and threatened injured workers, while ignoring a federal law requiring compensation for such employees. Attorneys for the workers are seeking $2 billion in damages.
The suit is largely based on the Defense Base Act, an obscure law that creates a workers compensation system for federal contract employees working overseas. Financed by taxpayers, the system was rarely used until the wars in Iraq and Afghanistan, the most privatized conflicts in American history.
Hundreds of thousands of civilians working for federal contractors have been deployed to war zones to deliver mail, cook meals and act as security guards for U.S. soldiers and diplomats. As of June 2011, more than 53,000 civilians have filed claims for injuries in the war zones. Almost 2,500 contract employees have been killed, according to figures kept by the Department of Labor, which oversees the system.
An investigation by ProPublica, the Los Angeles Times and ABC’s 20/20  into the Defense Base Act system found major flaws, including private contractors left without medical care and lax federal oversight. Some Afghan, Iraqi and other foreign workers for U.S. companies were provided with no care at all.
The lawsuit, believed to be the first of its kind, charges that major insurance corporations such as AIG and large federal contractors such as Houston-based KBR deliberately flouted the law, thereby defrauding taxpayers and boosting their profits. In interviews and at Congressional hearings, AIG and KBR have denied such allegations and said they fully complied with the law. They blamed problems in the delivery of care and benefits on the chaos of the war zones
Statement concerning filing of class action for fraud and bad faith against KBR, DynCorp, Blackwater, G4S/Wackenhut/Ronco Consulting, CNA Insurance, AIG Insurance and others who conspired to deny benefits to severely injured contractors and to harm them further
Scott Bloch files complaint for $2 billion against major government contractors like
KBR, Blackwater.XE, DynCorp, G4S/Wackenhut/Ronco Consulting and the global insurance carriers AIG, CNA, ACE and Zurich, on behalf of thousands of former employees, for unlawful, fraudulent and bad-faith mistreatment of injured employees and their families
Since 2003, top government contractors like Blackwater, KBR, DynCorp, CSA/AECOM and ITT have been perpetrating a fraud on their employees and on the American public.
The silent warriors who work for these companies, many of them decorated former military service members, have been injured, mistreated and abandoned by the contracting companies and their insurance carriers who have been paid hundreds of millions of dollars in premiums.
“It is a grave injustice,” Bloch said, “to those who rode alongside American soldiers, including Iraqi and Afghani Nationals, to be case aside without the benefits of the law. We are supposedly trying to bring them the rule of law. We are supposedly trying to encourage them in democratic institutions.
We are the ones asking them to believe in justice and individual rights.
This is a travesty to all Americans and those around the world who look to America for an example of humanitarian aid and proper treatment of workers.”
This is a lawsuit for damages in the amount of $2 billion to remedy the injuries and destruction caused to the lives, finances and mental and physical well being of thousands of American families and others whose loved ones were injured while serving America under contracts with the United States.
It seeks an additional unspecified amount to punish the companies who made massive profits while causing this harm to people unlawfully and maliciously and working a fraud on the American public who paid them.
“This abusive and illegal scheme by the defendants has been allowed to go on for too long.
We are talking about loss of life, suicide, loss of homes, marriages, families split up, “ Bloch said, “and the culprits are the large government contractors who should have treated their employees better, and the mega-insurance companies who were paid a hefty sum to make sure the employees were taken care of with uninterrupted benefits in the event of injuries in these war zones.”
This complaint is filed due to actions and omissions of defendants, in conspiracy with others, and individually, to defeat the right of American citizens and foreign nationals to receive their lawful benefits and compensation under the Defense Base Act (“DBA”), as it adopts the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).
The lawsuit explains that those sued engaged under the RICO statute in an enterprise of fraudulent and or criminal acts to further their scheme to defeat the rights of individuals who have been injured or suffered occupational diseases, and death, while on foreign soil in support of defense activities under the DBA.
These acts were perpetrated repeatedly through bank fraud, mail fraud, wire fraud, using telephones, faxes, and United States mail .
“These are heroes, decorated by America’s Armed Services,” said Bloch.
“Some of the foreign contractors were decorated special forces soldiers from their countries who assisted the United States in combating threats. The sheer disregard for human dignity and law is reprehensible and deserves punishment.
These families and many others who have been harmed need treatment, need compensation, need redress of the wrongs that have been perpetrated by these huge companies and insurance carriers for the last 10 years.
They have earned $100 billion per year on the backs of these people, with the blood of these plaintiffs and those whom they represent.”
The complaint was filed in the United States District Court for the District of Columbia and covers individuals from all over the United States, South Africa, Iraq, Afghanistan and other counties.
Contact Scott J. Bloch, PA:
Scott Bloch, 202-496-1290
Attorney Gary Pitts is pictured here only by circumstance. We would never endorse using him as an attorney.
An alarming story of greed, negligence, and a lack of government oversight
Starring the DBA Insurance company that most ruthlessly denies the medical care and benefits to Injured Contractors and the Widows and families of those who are killed.
July 28, 2011
So this $58.5 million was overcharged in a very small portion of the DBA business that CNA carries.
Basically CNA overcharged, didn’t reimburse USACE and contractors for labor charges that turned out not to be justified, did not have proper paperwork in place and accounting procedures to allow DCAA to be able to look at their books and determine who was owed what.
CNA also commingled funds meant to be segregated for different contracts, lumping them all into one account.
The workers’ compensation program is so riddled with problems as a result of using a third-party insurer that the inspector general’s office suggests it may be worthwhile to dump the insurer altogether, the audit reads.
More to come