Defense Base Act Law Guide: DBA Worker Raped - Insurance Company Defends Case By Blaming Her Past

Overview

This is a DBA case study. This is an actual case. However, we have withheld the Claimant's name for obvious reasons. The Defense Base Act insurance company's defense in this case was typical for Defense Base Act cases: "Duck and Cover" was the defense tactic. Meaning, the DBA insurance companies will seemingly do anything and say anything in order to duck providing the DBA benefits which DBA claimants are entitled to under the Defense Base Act. This article is a Defense Base Act Law Guide.

Claimant Raped By a Co-Worker

Claimant worked as a truck driver in Kuwait and Iraq. Claimant alleged that a coworker raped her, causing psychological trauma. Military officials investigated the allegation, but did not file any charges against the coworker. Her employer also investigated the allegation. After the investigation, employer terminated claimant's employment because she had violated the prohibition against alcohol consumption in the war zone.

Claimant also witnessed mortar and rocket attacks and the explosion of improvised explosive devices throughout her employment. Claimant had sought treatment at employer's clinic complaining of headaches, vomiting, diarrhea, and because she "just [kept] getting so upset."

Claimant returned to the United States, where she began working. Claimant sought permanent partial disability benefits under the Defense Base Act for a cumulative psychological condition that caused a loss in wage-earning capacity. She hired a Defense Base Act Attorney.

Notice and Prima Facia Case Of A Compensable Injury

In his decision, the administrative law judge (ALJ) found that claimant gave Employer timely notice of her injury. The ALJ also held claimant established a prima facie case of a compensable injury, which the DBA insurance company did not rebut.

The Judge Found Claimant's Inability to Perform Her Former Duties Was Unrelated to the Psychological Condition She Suffered Working For Employer

The DBA insurance company argued her current inability to work was related to her pre-existing psychological impairments. In other words, blame the victim. The administrative law judge ruled in the DBA insurance company's favor, finding her psychological condition was related to her pre-existing psychological impairments, as her work-related condition had reached maximum medical improvement and had resolved.

Thus, the administrative law judge awarded claimant temporary total disability benefits, and denied continuing disability benefits.

Decision Overturned On Appeal

Claimant appealed. The Benefits Review Board (BRB), in a published decision, overturned the administrative law judge's (i.e., the trial judge) decision. The BRB held Claimant established a prima facie case of total disability. Claimant's job was unavailable without a medical release, which the psychologists would not provide. In addition, both psychologists stated that a return to work in the war zone was contraindicated due to the likely recurrence of work-related symptoms of claimant's underlying condition. Claimant therefore established a prima facie case of total disability, and the administrative law judge's finding to the contrary was reversed.

Money Benefits To Claimant

The DBA insurance company established the availability of suitable alternate, and that claimant had a post-injury wage-earning capacity of $363 per week. Claimant was awarded ongoing permanent partial disability benefits of $976.39 per week thereafter.

Disclaimer

This DBA case study is not legal advice. This case study is simplistic in order to achieve clarity. Your situation and/or case may differ from this case. There is no guarantee your case will receive the same result as described in this DBA case. If you are a seriously injured DBA worker, you should consult a Defense Base Act Attorney. Whenever you go into to court asking for money your credibility is at issue. Always tell the truth. Always.


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