Defense Base Act Cases
THE FOLLOWING ARE EXAMPLES OF RECENT DBA CASES THAT WE HAVE HANDLED OR ARE PRESENTLY HANDING:
CLIENT v. Vinnell-Brown & Root
An employee was working at the Incirlik Air Force Base in Adana, Turkey under his employer’s contract with the Department of Defense. While moving a Nordic trak machine in an apartment house on his day off, he was killed when the machine, which was inside the cab of an elevator, became caught on the adjacent wall as the cab descended. The insurance company denied the widow’s claim stating that the accident occurred away from the base while the deceased was engaged in a personal non-work related activity. We presented a case which showed that the elevator cab, which did not have a gate or door, presented a particular risk which would not be found in the United States since such a cab would violate U.S. and local codes and standards for elevators. Therefore, this case fit into the “zone of special danger” doctrine set forth by our United States Supreme Court.
As a result, the matter settled for a very substantial lump sum payment.
CLIENT v. General Coating
In this case, the employee was working as a roofer which had a contract with the government to construct a facility at a U.S. military base in Bermuda. While working on the roof, he fell onto lava rocks below, resulting in injuries to his back. The insurance company denied that he sustained a permanent injury and argued that he could return to his usual employment as a roofer. The case was tried before an Administrative Law Judge in the late 1980’s who ruled that our client was entitled to permanent total disability benefits. After paying benefits for 16 years, the insurance company has recently moved to modify his benefits to a lower rate or eliminate benefits altogether.
After referring the case to a Judge, the case settled for a substantial lump sum
CLIENT v. CHF International
Our client was working in Kabul, Afghanistan for a company which had a contract for public works construction. While leaving his hotel, he slipped and fell on a stairway injuring his shoulder. After receiving medical treatment overseas, he returned to the United States where we assisted him in obtaining treatment from local physicians.
We obtained for him a substantial lump sum settlement, and he obtained a new position with a different company.
CLIENT v. Dyncorp International
Our client was employed as an International Police Monitor in Kosovo. While working at a detention center, a Jordanian officer fired upon our client and his co-workers with a rifle, resulting in our client suffering multiple gunshot wounds. Since that time, he has undergone multiple surgeries.
The case settled for substantial benefits.
CLIENT v. Service Employer International
Our client was employed as a cook in Afghanistan when she sustained an injury to her back. After filing her claim, we were able to obtain and monitor her right to medical treatment and disability benefits. She has since returned to work in Iraq.
The case settled for substantial benefits.
CLIENT v. Caddell Construction Co.,Inc
Our client was working as a welder in the construction of an embassy in Ankara, Turkey when he was electrocuted, resulting in serious neurological injuries. He received extensive medical treatment in several states by physicians who specialize in electrical injuries. The insurance carrier reduced his rate of compensation, and we are litigating with the company to raise the compensation rate.