Defense Base Act Case Study: Aircraft Mechanic Injures His Neck & DBA Insurance Co. Denies Claim

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Defense Base Act Attorney Straight Talk

If you Google "Defense Base Act Law Straight Talk" or "Defense Base Act Attorney Straight Talk" you will find dozens of great articles by a Defense Base Act Lawyer that will help you win your DBA case. We give you Straight Talk. No fancy lawyer talk or double talk. Just good old fashioned unsweetened, unvarnished, unabashed truth. This article is a case study of an aircraft mechanic where the DBA insurance company cut off his benefits after he was examined by the insurance company doctor.

The Defense Base Act, Aircraft, Airways, Airlines And The Like

Based upon our experience, Defense Base Act workers cover just about every type of jobs that you can imagine. This case study is about a Defense Base Act worker that worked for a DBA airlines. This worker is an aircraft mechanic. But pilots, flight attendants and the like are also covered DBA employees.

A Hit On The Head

Joe Smith struck his head on an emergency release handle on the door of an aircraft on which he was working in Afghanistan. Joe resumed his duties for the day. Later that night, Joe experienced a tingling sensation in his upper body, and he awoke the next morning with numbness in his left hand. Joe reported his injury to his supervisor. His supervisor wasn't really interested in taking a report, so Joe sent him an email documenting that he had reported an injury. Concerned about his health, Joe traveled from Afghanistan back to the United States for medical treatment.

Upon returning home, he went to a local emergency room. The emergency room physician recommended Joe see a neurologist. Joe came under the care of neurologist, who said Joe 's symptoms were consistent with an injury to his cervical disc. Joe's MRI showed a disc problem, but surgery wasn't needed.

Joe then began seeing another doctor for pain management. Joe received series of steroid injections. Joe said the injections provided some relief from his pain symptoms.

The DBA Insurance Company Doctor

Joe then was evaluated by the Defense Base Act insurance company doctor who concluded that Joe 's injuries were not caused by the hit on the head. Instead, Joe's neck problems were due to pre-existing degenerative disc disease. After the evaluation, the Defense Base Act insurance company stopped providing DBA benefits. Joe lawyered-up with a really good DBA lawyer.

Joe, You And Defense Base Act Law

The Defense Base Act provides you with a presumption that your disabling injury is causally related to your employment if you can prove the following two elements: (1) you suffered an injury or harm, and (2) employment conditions existed which could have caused, aggravated, or accelerated your condition.

Once you have made this prima facie showing, the burden shifts to the DBA insurance company to rebut the presumption with substantial evidence employment conditions did not cause your injury.

Under the DBA, substantial evidence is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. If the DBA insurance company meets this burden, the DBA insurance company rebuts the presumption, and the administrative law judge must then weigh all the evidence and render a decision supported by substantial evidence. Meaning, the presumption disappears (read: is no longer in effect) and you will need to prove your can by a preponderance of the evidence. Which is a fancy way of saying, in baseball terms, "Ties go to the DBA insurance company."

The Judge's Decision

In Joe's case, the DBA insurance carrier attempted to rebut the presumption with a report by a doctor that only examined Joe once and said Joe 's symptoms were not work-related. Joe 's treating physician testified he believed the DBA insurance company doctor's report was false or mis-characterized Joe 's condition. In addition, every other physician who has treated Joe, found Joe 's condition to be related to his at-work injury. Finally, the email that Joe had sent to his supervisor documenting his injury also helped persuade the Judge that Joe really was injured. Therefore, the Judge held that the DBA insurance carrier failed to rebut the Defense Base Act presumption. But even assuming the presumption was rebutted, the Judge found the evidence weighed as a whole supports Joe's contentions.

The Judge Ordered the DBA insurance carrier to provide compensation benefits and medical treatment to Joe.

Disclaimer

This Defense Base Act case study is not legal advice. I am simplistic in order to achieve clarity. Your Defense Base Act case may differ from the circumstances described here. Any resemblance to actual events, claimants and/or cases is purely coincidental. If you are a seriously injured Defense Base Act worker, you should hire the best Defense Base Act Attorney you can find. Whenever you are bringing a court case, your credibility is always at issue. Always tell the truth. You may have heard me say, "Tell the truth" again and again, sort of like a mantra. That's because that is the best advice you are going to get about what you can do to help your lawyer win your DBA case.

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