DBA Lawyer Straight Talk: A Case Study - The Defense Base Act Aggravation Rule
DBA Lawyer Straight Talk
In this series of DBA Lawyer Straight Talk articles, we give you an insider's view of Defense Base Act Law. We don't sugar coat it for you. Here, we give it to you straight. No lawyer talk, no double talk. Just good old fashioned, unsweetened truth.
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A Case Study - The Defense Base Act Aggravation Rule
Claimant suffered from a rare neurologic disorder of unknown etiology. It was largely controlled by medication. When Claimant was hired by DBA employer to work in Afghanistan in an administrative coordinator position, he disclosed the neurologic disorder and medication to the DBA employer.
Soon after arriving in Afghanistan, Claimant experienced an increase in neurological symptoms. Claimant was air-lifted out of Afghanistan and returned to the States.
Upon his return from Afghanistan, claimant's symptoms grew worse. He was taken to the hospital repeatedly due to the neurological attacks. . He has not worked since and is no longer capable of driving a car. Claimant lawyered-up with a seasoned DBA Lawyer.
His DBA Lawyer filed a Defense Base Act claim alleging the stressful working conditions in Afghanistan with DBA employer aggravated the pre-existing neurologic disorder. Predictably, the DBA insurance company vigorously controverted the claim, alleging that claimant had sustained, at most, a temporary exacerbation of his pre-existing neurologic disorder which had completely resolved after his return to the States. No benefits were paid. The DBA insurance company sent Claimant to a litany of their insurance company doctors. They all said that at most the stressful working environment working in a war zone, at most was a temporary aggravation.
Claimant's DBA Lawyer took his case to trial. The Judge found that claimant's disabling neurologic disorder was related to his stressful work environment with DBA employer in Afghanistan. In essence the Judge concluded that while the work incident in Afghanistan may well have been a temporary aggravation of claimant's underlying neurologic disorder. However, following that work episode, Claimant was never able to work again and his sensitivity to stressful stimuli which triggered his attacks, became much worse and more frequent than before the work incident. Thus, the Judge concluded, that claimant's permanent total disability was due, at least in part, to the work-related injury he sustained in Afghanistan.
The Judge ruled that claimant is entitled to a continuing award of permanent total disability and medical benefits pursuant to the Defense Base Act.
Disclaimer
This Defense Base Act case study is not legal advice. This article is simplistic in order to achieve clarity. Any resemblance to actual events, Claimants, cases, employers, and/or attorneys is purely coincidental. Your DBA situation may differ from the circumstances described herein. Whenever you bring a court case, your credibility is at issue. Always tell the truth. Always.
About the Author
Bill Turley is America's Leading DBA Attorney. He was awarded Super Lawyer. and has the highest AVVO Rating. Don't miss his DBA Lawyer website ==> http://www.turleylawfirm.com/practice_areas/if-you-are-an-injured-civilian-contractor-or-worker-injured-on-a-us-military-base-outside-the-un.cfm
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