Defense Base Act Lawyer Straight Talk: 20(a) Presumption - Or Why It Is Important To Tell The Truth

If you are a seriously injured Defense Base Act worker, it is important for you to know the law and procedure in DBA cases. The Defense Base Act falls under the Longshore and Harbor Workers Compensation Act (or Longshore Act). This is a section of Maritime Law. Most Defense Base Act Attorneys that are also Longshore Act Attorneys have been handling Defense Base Act cases for years before the United States started sending civilian contractors to Iraq and Afghanistan.

The article is by a Defense Base Act Lawyer. This article is part of a series of articles where we explain DBA law with straight talk.

Section 20(a) Presumption

Under § 20(a) of the Act, a DBA Judge may presume that your injury or occupational disease causally relates to your Defense Base Act employment. However, for you to receive the benefit of the § 20(a) presumption, you must establish two elements:

(1) that physical harm, pain, or injury has occurred and

(2) that working conditions existed or an accident occurred that could have led to such harm.

In your case, your Judge will look look first to see if you have successfully established these two elements necessary to invoke the § 20(a) presumption.

Why Is This important?

Because if the Judge presumes your injury is work related, it is more difficult for the Defense Base Act insurance company to contend and prove that your injury is not related to your DBA employment. DBA insurance company's often defend claims by alleging the worker was not injured while working as a DBA worker.

Rebuttal Of The § 20(a) Presumption

In order for your Employer (read: Defense Base Act insurance company), to overcome the § 20(a) presumption, it must present "substantial evidence" to rebut the prima facie case made by you that your injury relates causally to working conditions while working with your DBA employer. This evidence must go beyond mere allegations and unreliable speculation and must be more than the submission simply of any admissible evidence.

However, such evidence need not necessarily support a ruling in Employer's favor; instead, it need only be of the type that "a reasonable mind might accept as adequate to support a conclusion."

The Bottom Line

The 20(a) Presumption is powerful. The way you invoke it is by being truthful with the Defense Base Act Judge. If you are dishonest or fudge or exaggerate your injuries or claim, then the Judge will rule against you and you won't get the benefit of the 20(a) Presumption. The take-away point here is always tell the truth when bringing a DBA claim.

Disclaimer

This article is not legal advice. It is based upon the law in the Ninth Circuit. Your circuit may interpret the 20(a) Presumption differently. I am simplistic in order to achieve clarity. If you are a seriously injured DBA worker, then you should always retain a Defense Base Act lawyer.

Comments? Questions? Email Here

© HowtoAdvice.com

How to Advice .com