Can The Defense Base Act Insurance Co. Stop My Benefits If I Have A Non Dba Related Injury/ Illness?

Can The Defense Base Act Insurance Co. Stop My Benefits If I Have A Non-DBA Related Injury/ Illness?

by

William Turley

Defense Base Act Lawyer Straight Talk

If you are a seriously injured Defense Base Act worker – you need to know the truth about the Defense Base Act and your DBA claim. Here, we give you simple, good old fashioned unsweetened, unvarnished, unabashed truth. 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.

What Happens If You Were Injured Or Have An Illness (That Is Not Work Related) After Your DBA Injury?

From time to time we see the situation where a DBA claimant is injured and they come back home. The DBA insurance carrier starts providing DBA benefits. Then the Claimant has some type of not DBA-related injury or illness that renders them disabled. What happens then? Too often the DBA insurance carrier is looking for an excuse to stop DBA benefits. A new injury or disability is good enough for some DBA insurance carriers. They will cut the Claimant\’s DBA benefits in a New York second. Is this correct under the law? Can the DBA insurance carrier stop my Defense Base Act benefits if I have a non-DBA related injury or illness while I am receiving DBA benefits?

With respect to an the Defense Base Act insurance company\’s continuing liability, it is well established that the Defense Base Act insurance company remains liable for the natural progression of a work-related injury. However, if claimant sustains a subsequent injury (or illness) outside of work or while working for a non-DBA employer that is not the natural or unavoidable result of the original work injury, or if she subsequently develops an unrelated medical condition that has no causal connection to the work injury, any disability attributable to that intervening cause is not compensable.

The Defense Base Act insurance company remains liable for any disability attributable to the work injury, or to the natural progression of the work injury, notwithstanding the supervening injury (read: new injury). The Defense Base Act insurance company is absolved of all liability for further benefits only if the subsequent injury/ illness is the sole cause of claimant\’s disability.

The existence of an intervening cause does not cut off the Defense Base Act insurance company\’s liability for disability benefits attributable to the original work injury and to the natural progression of that injury.

A Case Study

Claimant – while working in Afghanistan for a DBA employer – has an arm injury that causes Claimant to be temporarily totally disabled. Claimant returns home and is getting DBA weekly benefits and medical treatment. Claimant then develops cancer that is non-work related. The cancer causes Claimant to be temporarily totally disabled. Under these circumstance the DBA Judge must address the evidence relevant to the issue of any disabling effects of claimant\’s work-related arm condition separate and apart from the disability associated with claimant\’s cancer.

The fact that claimant was totally disabled by her cancer does not foreclose her entitlement to disability benefits during the relevant period if her arm-related work restrictions, considered alone, rendered her totally or partially disabled. If Claimant is also totally or partially disabled due to the DBA upper extremity injury, then Claimant is entitled to DBA compensation benefits.

Disclaimer

This Defense Base Act article is not legal advice. Your case may be different from the circumstances described here. If you are a seriously injured Defense Base Act worker, you should hire the best Defense Base Act Lawyer you can find. Don\’t wait until your benefits are stopped before hiring a seasoned DBA lawyer.

Whenever you are bringing a DBA case, your credibility is always at issue. Always tell the truth.

Bill Turley is America\’s Leading

Defense Base Act Attorney

. He was awarded Super Lawyer. Don\’t miss his

Defense Base Act Lawyer

website.

Article Source:

ArticleRich.com