Defense Base Act Appeals

The time following an overseas injury can be stressful for workers and their loved ones. Although the Defense Base Act (DBA) provides workers’ compensation benefits to qualifying overseas military and U.S. government contractors, these claims are rarely straightforward. Employers and insurance companies often deny these claims, leaving workers with hefty medical bills, lost income, and other losses. In these cases, a DBA attorney can help injured workers understand their rights to appeal a denial.

Steps to Filing a DBA Claim

An attorney can file a DBA claim with the U.S. Department of Labor (DOL), thus beginning the administrative process. The Office of Workers’ Compensation Programs (OWCP) administers these claims and reviews injury records and claims. The OWCP also notifies the employer’s insurance company which then triggers the employer to produce relevant documents.

Next, either party in a DBA claim can request an informal or a formal DBA hearing to help settle the claim. Informal conferences are optional; either party may ask their claim be heard before an administrative law judge (ALJ). During the prehearing period, each party will engage in the discovery process. The discovery process allows both sides to ask and exchange relevant information.

During the hearing phase, both sides present evidence, call witnesses and cross-examine the other party. The presiding ALJ will hear the case and make a decision. If either side is unhappy with the outcome, they may file an appeal.

DBA Appeals Process

The Benefits Review Board (BRB) maintains appellate review authority over workers’ compensation claims and issues decisions in DBA claims. After the BRB dockets an appeal, it issues a notice with all relevant procedural information. The BRB may affirm, reverse, or modify the ALJ’s decision. Further, the BRB may remand the case back to the ALJ.

There is significant confusion about what entity has jurisdiction to hear BRB appeals. According to the DOL, after the BRB issues its decision, any further proceedings are in the federal circuit court of appeals. However, the DOL explains that some DBA cases may go to the federal district court.

Florida falls under the Eleventh Circuit; thus, BRB appeals should go to the District Court in Florida. However, DBA claims are unique because they allow ample opportunity for forum shopping and other procedural hurdles. As such, DBA claimants should consult with an attorney to determine their rights and the best avenue toward relief.

Contact an Experienced DBA Appeals Attorney

Contact the experienced DBA appeals attorneys at Friedman, Rodman & Frank to get help fighting your DBA claim denial. The lawyers at our firm handle Defense Base Act claims for workers who suffered injuries overseas, including those injured in Iraq, Afghanistan, Cuba, Guam, and many other places worldwide. Our attorneys represent DBA claimants in all aspects of their claims. We handle initial DBA applications, settlement negotiations with insurnace companies, and appeals. In addition to DBA claims, our office represents those who suffered the effects of contaminated water at Camp Lejeune. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.