Deciding Between Litigation, Settlement, or Other Defense Base Act Claim Options

How Does the Defense Base Act Process Begin?

The Defense Base Act (DBA) is administered by the Department of Labor’s Division of Longshore and Harbor Workers’ Compensation (“DLHWC”). It will make the initial recommendations regarding your entitlement to benefits after you file a claim. Be sure to provide the DLHWC with all relevant medical records associated with your injury.

DBA Adjudication

The DLHWC will want to hear from your employer and insurance carrier before making a recommendation. Typically, the parties participate in an informal conference and then the DLHWC issues a memorandum. Your attorney should represent you in this informal conference. If any party disagrees with the DLHWC’s memorandum, then that party files a Form LS-207 to explain their disagreement.

From there, parties may choose to refer the case to the Office of Administrative Law Judges. This marks the start of the formal adjudication. The parties send discovery requests to one another, asking questions and requesting documents. The parties will also want to schedule depositions so that they can ask questions under oath. It is typical to depose the injured worker, their doctors, the defense experts, and even the insurance adjuster or a representative from the injured worker’s employer.

Once the parties complete discovery, they participate in a formal hearing before an Administrative Law Judge. Many rules of procedure and evidence are relaxed for administrative hearings. After the hearing, there is usually a sustained waiting period. It can sometimes take a year for an Administrative Law Judge to issue an opinion. Once the opinion is issued, either party can choose to appeal. Or, the parties can choose to accept the Administrative Law Judge’s opinion.

Settling a DBA Claim

Any time during the course of your claim, the parties may discuss settlement. Many DBA cases end up settling. It is vital that you have a good sense of when and how to settle your claim. After all, it is your future at stake. The good news is that your settlement will only be approved by the DLHWC or an Administrative Law Judge if your settlement is “reasonable.” Most settlements are reviewed by the DLHWC, which looks at a number of factors to determine if you are getting a reasonable settlement. Those include medical records, loss of wage earning capacity, and disputed issues.

Other Options

Besides compensation orders and settlements, parties sometimes enter into stipulations. There are important considerations when entering into stipulations with an employer or carrier, such as: (1) whether ongoing or future medical benefits remain available, (2) whether the Stipulations allow for ongoing compensation benefits, (3) whether you will be paid a lump sum for any permanent impairment ratings that a doctor may have assigned.

Need Help With Your Defense Base Act Claim or Case?

If you or someone you love has or is considering filing a Defense Base Act claim or has a DBA case, let the experienced attorneys at Friedman Rodman & Frank fight to help you recover the damages you deserve. Expenses and injuries sustained on the job can quickly become overwhelming, and having an experienced roster of DBA attorneys by your side can make a world of difference in the compensation you receive. Our experienced attorneys have successfully represented injured workers at every stage of their claims, ensuring that they obtain the compensation that they deserve. With our team, you can have faith that your claim is being pursued properly. If you have questions about your case, call us today at 877-627-5116 and schedule a free and no-obligation initial consultation with an experienced DBA lawyer.