What to Expect at a Defense Base Act Hearing

If your Defense Base Act (DBA) claim is disputed, you may find yourself preparing for a formal hearing before an administrative law judge. This can feel overwhelming, especially if you have never been through a legal process before. Understanding what to expect will help you prepare and ensure your rights are protected.

Why Your Case May Go to a Hearing

Most DBA claims begin with filing paperwork through the Office of Workers’ Compensation Programs (OWCP). Many are resolved through informal discussions, mediation, or agreements between the insurance carrier and your attorney. A hearing becomes necessary if there is a dispute over your eligibility, the extent of your injuries, or the amount of benefits owed. For example, the insurer may claim you have reached maximum medical improvement when you are still unable to work, or they may challenge whether your medical condition is connected to your overseas duties.

When these disputes cannot be resolved informally, your case is scheduled for a hearing before an administrative law judge within the Department of Labor.

The Role of the Administrative Law Judge

The administrative law judge (ALJ) is not a prosecutor or an advocate for the insurance company. The judge is neutral and is responsible for reviewing the evidence presented by both sides. The ALJ’s job is to determine whether your claim qualifies under the Defense Base Act and what benefits you are entitled to receive.

What Happens Before the Hearing

Before the hearing date, both sides exchange information. This process may involve discovery, which can include written questions, requests for documents, and depositions of medical experts or witnesses. Your attorney will prepare evidence such as medical reports, employment records, and testimony to show the connection between your injury or illness and your work overseas.

In many cases, the insurance company will also bring forward its own medical experts or surveillance evidence in an effort to minimize your claim. Having a lawyer familiar with DBA cases ensures you are not blindsided by these tactics.

The Hearing Process

At the hearing, both sides present their cases. This includes opening statements, witness testimony, and submission of documents. You may be asked to testify about your injuries, your job duties, and how your condition has affected your life. Medical providers may also testify about your treatment and your ability to return to work.

The insurance carrier will have its own lawyer present evidence and question witnesses. Your attorney will cross-examine their witnesses, challenge their arguments, and ensure the record accurately reflects your injuries and losses.

Unlike a criminal trial, there is no jury. The ALJ alone decides the case. The hearing is also less formal than a courtroom setting, but it is still a legal proceeding where every detail matters.

After the Hearing

Once the hearing is complete, the ALJ will review the evidence and issue a written decision. This ruling will explain whether you are entitled to DBA benefits and how much compensation you will receive. If you disagree with the decision, there are further appeal options, including review by the Benefits Review Board.

Why Legal Representation is Essential

DBA hearings often involve technical medical evidence, complex employment histories, and questions about causation. Insurance companies have experienced attorneys working to limit what they pay. Without strong representation, you risk losing benefits you are entitled to under the law.

Call Friedman Rodman Frank & Estrada for Help with Your DBA Hearing

If your Defense Base Act claim is headed to a hearing, you should not go through the process alone. The attorneys at Friedman Rodman Frank & Estrada have extensive experience representing contractors in contested DBA cases and know how to build strong claims. Call 877-448-8585 today for a free consultation and learn how we can help protect your rights.