American Contractors in Iraq
The X Files
There are mysteries than cannot be solved
Events that cannot be explained
and truths that cannot be ignored
The X Files
There are mysteries than cannot be solved
Events that cannot be explained
and truths that cannot be ignored
17 PTSD Claims DENIED:
2006:
TALBOTT_GERALD_V_SERVICE_EMPLOYERS_IN_2005LDA00016 _(JAN_19_2006)
Clement Kennington Griffith credited
Dr John Dorland Griffith
Quentin D. Price for claimant, Jerry R. McKenney for AIG
"Dr. Griffith, a board psychiatrist with an extensive record of treatment of patients" Fact Check
Gerald drove flatbed routes Jackson and Tampa for KBR in Iraq from December 2003 through July
2004. He was shot at almost every day during his 12-18 hours drives; convoy attacks escalated with
insurgent using a combination of IEDs, mortars, and RPGs. In January, he was driving approaching a
bridge south from Camp Anaconda when a 50 pound mortar exploded blowing out the windows of his
truck.
A licensed professional counselor diagnosed and treated PTSD, but the judge found that she had no
objective evidence to support any of Gerald’s “alleged symptoms and has never considered the issue
of secondary gain in her analysis or treatment of Claimant.”
The judge was “impressed” with insurance Dr. Griffith, “who rightly questioned the PTSD diagnosis
because of Claimant’s lack of symptoms in Iraq, his ability to work over there…” despite the fact that
Dr Griffith never examined Gerald.
MOST BIZARRE: Because Gerald rejected the biased evaluators chosen by employer, the
ALJ found that “Claimant’s alleged mental condition remains untested and unconfirmed”
and “I do not credit his testimony of alleged shoulder, ear, headache, and PTSD problems from the
January, 2004, convoy attack.”
>
___________________________________________________________________
EYSSELINCK_TIMOTHY_A_V_RONCO_CONSULTING _2005LDA00012_ (FEB_08_2006)
Clement Kennington Dr. Carroll Brodsky
Gary Pitts for claimant, Roger Levy for CNA
MOST BIZARRE: Dr. Brodsky testified that suicide is a risk of depression and not PTSD
He also testified that the onset of PTSD symptoms was immediately after the traumatic event. These
blatantly wrong conclusions on the part of Dr. Brodsky paved the way for denials beginning with the
Talbot case
See also The US Occupation of Iraq: Casualties Not Counted
2007:
_____________________________________________________________
ZS_V_SCIENCE_APPLICATIONS _2006LDA00034_ (APR_06_2007)
Second Aug , Third Oct 23
Jennifer Gee Dr. Mohan Nair
Jorden N. Pederson for claimant , Michael W. Thomas
ZS, a computer engineer, was sent by her employer SAIC to work on the telecommunications
infrastructure in the Green Zone of Baghdad in August 2003. She was inside the Al-Rashid
Hotel located in the Green Zone when it was attacked and bombed in September and again in
October. Her friend was killed in the second attack, she also saw dead bodies of soldiers at a military
hospital and the lifeless bodies of children laying in the streets.
ZS has been diagnosed with PTSD and her treating psychiatrist attributed her illness to the traumatic
events the Claimant experienced while in Iraq.
AIG trotted out Dr. Mohan Nair, who opined that ZS does not suffer from PTSD because she did not
seek treatment for it at an earlier date.
Judge Gee roundly rejected his testimony: “I find it troubling that Dr. Nair, who treats
PTSD patients, was not aware that even the DSM IV recognizes that symptoms of PTSD may not
appear immediately.”
“PTSD is a difficult condition to diagnose promptly.
Courts have recognized that psychological disorders such as PTSD may manifest themselves
progressively, thus resulting in delayed diagnoses. Blankenship v. Bowen, 874 F.2d 1116,
1122 (6th Cir. 1989). The Sixth Circuit noted that mental disorders cannot be easily ascertained or
verified by objective clinical testing as other physical ailments can.”
The judge found the ZS suffers from PTSD but denied her claim because she was apparently not
covered under the Defense Base Act although SAIC paid its insurance carrier premiums for such
DBA coverage. She determined that the Green Zone, where ZS was injured, is not a military base for
purposes of coverage under Section 1(a)(1) of the DBA.
MOST BIZARRE: Based on the testimony from two coworkers, the judge found that “the Green
Zone was mainly protected by private security contractors. It provided a secure place for housing for
the Coalition Forces, diplomats, contractors,and news media. Although the Green Zone was partly
protected by the military and had an appointed mayor who was a U.S. Military officer, it was not
governed controlled or owned by the military.” “Military enclaves and headquarters were
also located within the Green Zone.”
___________________________________________________________________
KE v CANINE ASSOCIATES INTERNATIONAL 2007-LDA-00009 (06/08/2007)
John Vittone Dr Bill H Grimm William Brasted
David Linker, Scott Hymel for ACE
KE is an Explosive Detection Dog Team Handler sent to Iraq in February 2005, where he examined
vehicles at checkpoints and went on missions with military units searching buildings. He was in
several gunfights in Sadr City and witnessed the aftermath of fire fights where people had been
blown up or shot. In August, he was sent to Afghanistan where he was with a military unit to set up
roadblocks and going through villages looking for explosives and insurgents.
The most traumatic incident occurred when his unit was ambushed and he saw the sergeant with
whom he regularly worked die following an explosion. This incident was not disputed and only one
trauma is required for PTSD. The sergeant’s body was “riddled with shrapnel all long his side and
basically his legs were blown off.” KS put tourniquets on the sergeant’s legs and started an IV in
his arm while fire fights continued.
His treating psychiatrist diagnosed him with PTSD, but the judge noted that KS “worked without
complaint for four months after the October 9th incident and has repeatedly stated that he left
Afghanistan because he disagreed with the Employer’s enforcement of the alcohol policy” (see
PTSD delayed onset)
ACE trotted out Drs. Bill H. Grimm and William S. Brasted,both clinical psychologists, to malign KS
with slanderous allegations like “he was braggadocios about his missions and obviously
demonstrated some narcissistic, inflated attitudes towards about his talents and skills”….”gratify his
need for excitement and adulation”… “has other issues and problems (familial stress) unrelated to his
work experience” and diagnosed antisocial personality disorder. The MMPI-2 was used to
accuse him of exaggerating his symptoms.
KS’s former supervisor testified for his employer (no surprise there), claiming KS filed only two After
Action Reports (AAR’s) in Iraq and minimized his exposure to traumatic events. The judge seized on
every inconsistency, mostly trivial semantics, to discredit KS.
MOST BIZARRE: Judge: ‘The AARs for October 9, and November 16 and 18, 2005, and the
Claimant’s testimony that he had been in miscellaneous fire fights in Afghanistan are the only
indication that the Claimant exchanged gunfire with anyone during his time in either Iraq or
Afghanistan.” (Note: It only takes one traumatic event to get PTSD).
“Although the Claimant testified at one point during the hearing that working in Afghanistan would not
be healthy for him, the Claimant has continuously sought employment with the Employer and other
companies that would send him overseas to war zones such as Iraq and Afghanistan.”
(ever been unable to find a job, homeless and starving, Judge Vittone?)
____________________________________________________________________
DM_V_SERVICE_EMPLOYERS_INTL_2006LDA00131_and LDA00131 (SEP_18_2007)
Clement Kennington “impressed”
Dr. John Dorland Griffith
Gary Pitts, Jerry R. McKinney and James Azzarello for AIG
On October 1, 2007, Claimant filed a Motion for Reconsideration, contending that
credibility of Drs. Griffith and DeSouza, as well as Ms. Ragland, should be re-evaluated in light
of research he obtained regarding validity of Minnesota Multiphasic Personality Inventory-2
(“MMPI-2”) test that had been administered to him by Dr. Griffith. He also contends that his
attorney, Mr. Pitts, failed to research the MMPI-2.
DM drove bobtail, unarmed, from Kuwait to military bases throughout Iraq for one year starting
September 2004. Some of the convoys he drove in were subject to small arms fire and IED attacks.
During one such attack he was instructed to retrieve another driver’s body from the damaged truck
but found all that was left of the driver was a forearm. His
friend was also killed in Iraq.
DM was diagnosed with a severe PTSD including suicidal ideations by both his treating
psychotherapist and treating psychiatrist who specialize in PTSD, unlike AIG’s Dr John Griffith who
admitted he has reviewed five to six cases for insurance carriers where he determined each of the
claimants were malingerers.
Dr. DeSouza is employed full-time by the VA hospital as chief of the mental health department and is
also an associate professor at Kansas University. She has treated a couple thousand veterans with
PTSD during her 30-year career. Dr. Griffith confirmed that none of his 26 publications concern
PTSD but most are about medication.
In spite of that, the judge found “I am unable to credit much of the records and testimony of Dr.
DeSouza and Ms. Ragland as neither of them performed any objective testing on Claimant to
determine whether he was malingering” and “The only psychometric testing performed on Claimant
showed he was exaggerating and “faking bad”. [Note: there exists no “objective test” to rule out
malingering, not even criteria in the DSMIV].
The Fake Bad Scale (FBS) was added to the MMPI-2 2007, but has since been repeatedly rejected in
real courts as unscientific and “inherently unreliable because it scores points in malingering,
exaggerating or over reporting when a patient acknowledges true symptoms of physical injury or
psychological distress.” The FBS is biased against women, the disabled and those suffering from
PTSD, traumatic brain injury and depression. Dr James Butcher, the creator of the MMPI-2, testified
in Stith v Williams, Et Al that the test was a explosive device that was a misuse of psychology by
members of the defense nueropsychologists to unfairly reflect malingerers.
In almost every case, Dr. Griffith gets away with this falsehood, directly contradicted by the DSMIV:
“nightmares in PTSD patients occur rarely, maybe once a year, and are generally comprised of
symbolic content that seems goofy because it contradicts what is considered reality.”
The verbal abuse inflicted of DM during the hearing in the presence of his wife and stepson was
downright sadistic:
Dr. Griffith: Claimant’s pre-existing personality disorder was apparent through his unusual weepiness
that he determined was a regression to childhood behavior of “mother come and get me, mother hold
me, mother comfort me.” He determined Claimant was a passive dependent who identifies with his
mother and “perhaps” seeks her attention by having a need to fail.
Griffith further accused DM of “immature and attention-seeking behavior” and speculated that DM
‘most likely stays with his wife and children because he does notwant to pay child support.”
[Note: page 425 in the DSM-IV details how PTSD causes relationship problems]
The judge grossly exaggerated “inconsistencies and contradictions in DM’s testimony” which were in
fact minor, inconsequential and explicable given his situation,mental disorder (memory and
concentration loss) and effect of his medications.
MOST BIZARRE: Judge Kennington says “I was impressed with the sincerity, testimony, and
records of Dr. Griffith and find no basis to discredit his opinion”. “Dr. Griffith was trying to illustrate
that those nurses (working in emergency rooms) are exposed to equally hazardous conditions as
civilian contractors in combat zones.”
“The record, in sum, shows that Claimant waited approximately six (6) months to report symptoms of
psychosis. During those six (6) months he spent time visiting internet sites
(americancontractorsiniraq.com) where he could have learned of the symptomology of PTSD”
[Note: delayed onset PTSD/ any first amendment rights violated here?]
___________________________________________________________________________
ST_V_KBR_GOVERNMENT_OPERA_ 2007LDA00011_ (OCT_23_2007)
Lee Romero “impressed” with Griffith
Dr. John Dorland Griffith
Gary Pitts, Jerry McKenney, James Azzarello for AIG
ST was coerced to travel from North Carolina to Houston to be examined and tested by Dr
Griffith, alone, in an unmarked office, not a doctors office, on a Sunday morning.
2008:
____________________________________________________________
EL_V_KBR_GOVERNMENT_OPERA 2007LDA00049_ (FEB_26_2008) S
Lee Romero Dr. Moeller
Gary Pitts, Brian White and John L Schouest for AIG
EL was exposed to several extreme life-threatening events in Iraq where he drove trucks for KBR
from February 2005 until June 2006. Stationed in Balad and later Al Asad, his convoys went towards
the Syrian border,Telefar, Rawa and were frequently attacked with IEDs, mortars and one VIED
suicide attack.
In April, the truck in front of him as well as a humvee were blown up by daisy IEDs. The shrapnel
destroyed his truck and he sustained a concussion.
Months later, EL and the convoy commander were driving a level three armored palletized loading
system when an explosion blew out the trailer and the air hoses. He would have died had the vehicle
not been armored.
In another attack, the truck that was two trucks ahead of him, driven by a friend, was blown up. EL
knew other employees, including some friends, who died in Iraq.
EL became a convoy commander two months before leaving Iraq but reached his “breaking point”
when a military convoy behind his convoy was hit and a soldier died. KBR fired him for having a drink
(their routine excuse to get rid of people they have used up).
EL was diagnosed with chronic PTSD (and suicidal thoughts) by his board-certified treating
psychiatrist, but AIG trotted out Dr Mark S. Moeller to diagnose malingering because “the final
criteria of the DSM-IV, that the disturbance must cause clinically significant distress or impairment in
social, occupational, or other important areas of functioning, had not been met”.
Faced with a classic PTSD case, AIG resorted to spying on EL with surveillance videos on eleven full
days over a four-month period. Although the videos confirm extreme self-isolation and corroborate
EL’s testimony in every respect,
Dr Moeller managed to twist and manipulate it into evidence against EL.
EL, a commercial truck driver, never said he does not sometimes drive his own cars albeit with great
difficulty (read the case). When asked why he felt he could not work, he replied because he
“definitely can’t drive…“I get road rage real easy”. In the context of the question he was obviously
referring to his prior occupation as commercial truck driver, and not driving in general. This deliberate
distortion/ parsing of words and selective reporting of what was actually said by insurance doctors and
some judges to brand people with lesser verbal skills as liars is perversely common in DBA cases.
The judge, by virtue of prejudice or sloth or both, just piggy-backed on Moeller’s opinion, failing to
perform his own unbiased evaluation of the objective evidence. “I find Claimant’s testimony regarding
his level of impairment to be exaggerated and contradicted by surveillance evidence.”
This is patently false. On four of the eleven randomly spied on days, EL never left his house. On
another five he ventured outside only once to get the mail, retrieve trash, do yard work once. We are
already at 90% extreme recluse existence.
Then he tried to overcome his fear to drive on one day;confirmed by Big Brother data: At
approximately 9:00 a.m., Claimant is filmed sitting in a green/blue car for several minutes and then
getting out of the car and walking to the side of his residence. At 10:19 a.m., the same car is filmed
driving to Claimant’s mailbox. Claimant is shown collecting the mail, walking towards his residence,
then walking back to the car and entering the driver’s seat.
Judge Romero hanged him on one (yes only one) day out of eleven when he actually drove his truck
for 15 minutes outside his home and for the first time talked to someone other than his wife and
stepson.
EL testified that he did not recall filling out a social/psychological profile at a Wellness Center in
Denton where he was treated for respiratory failure. It never occurred to the judge that medical
records or test results are not inviolate (brazen fraud occurred in an earlier case he denied), or
question why a psychological profile would be required for a respiratory problem.
It’s also disingenuous to harp on the fact that EL made no claims of being stressed or anxious etc. in
his exit interview from Iraq. PTSD has a delayed onset, is progressive and KBR routinely fires workers
who complain about symptoms and refuses to rehire those who are diagnosed with PTSD.
MOST BIZARRE: Judge Romero: “Claimant’s wife’s corroborating statements (of EL’s PTSD
symptoms), which, due to the role of financial remuneration, are also of little value.” In other words,
the judge presumes from the outset that any claimant and their families are inevitably untruthful
witnesses.
Since EL was exposed to HE blast waves and sustained a concussion, why is there no mention in the
record of a MRI to rule out traumatic brain injury, the other “signature wound” of the Iraq war?
___________________________________________________________________
JW_V_SERVICE_EMPLOYERS_INTL _2006LDA00067_ (MAR_07_2008)
Patrick Rossenow Dr. Michael Hilton
Gary Pitts, Grover E Asmus for AIG
JW worked for KBR in Afghanistan (Kandahar and Bagram base) as a plumber for five months from
August 2004. He began experiencing severe dizzy spells, episodes of syncope (fainting), headaches
and chest pains. Constant exposure to chemicals and burning asbestos caused breathing problems.
He fainted while driving and was evacuated to a hospital in Germany where his chest pains were
found to be stress related.
Before going to Afghanistan, JW successfully ran his own remodeling business for 27 years and had
no health problems at all. He informed KBR at the pre-deployment physical that he had an issue with
stress five years earlier following his divorce.
AIG paid no disability benefits, but did pay his medical expenses, except for Dr Starbranch who
diagnosed PTSD and prescribed medication for suicidal thoughts.
Here is the catch: His employer referred him to Dr Starbranch, who then refused to testify because
she apparently does not involve herself in workers’ compensation cases.
Incredibly, no mental health professional was called to challenge AIG’s Dr Michael Hilton and to verify
his MMPI-2 results which predictably showed that JW had “grossly” exaggerated his symptoms.
(See Fact Check and DM v SEI on Fake Bad Scale).
The decision reflects no debate what so ever on the cut-off score used; the other validity scales or his
score on the PK scale which measures PTSD.
Like most hired-gun insurance doctors, Dr Hilton opined that JW’s “complaints of stressful encounters
in Afghanistan fail to meet the necessary initial requirement necessary for the PTSD diagnosis”.
In other words, he was not exposed to real or perceived danger in the war zone.
In reality, JW was attacked with an RPG; was shot at in the air during a military flight to Kandahar; he
was in Bagram when there were three or four different missile attacks, several mortar attacks and he
could see, feel and hear the explosions. He was continuing to work seven days per week and twelve
hours per day. On all of the bases, the outside perimeter wires were infested with land mines; a
constant source of stress was fear of stepping on a bomb. He often saw dead bodies piled up, and
missiles going down the road with the warlords.
JW was extremely upset over the sudden death of his friend David whom KBR had literally worked to
death: David informed the supervisor that he was not feeling well, had not been feeling well for
several days, and required a day off. The doctor agreed to give David a note excusing him from work,
but the supervisor instructed him to return to work. David worked the rest of the day, and passed
away that night.
[Note: DSM-IV page 424: learning about the unexpected death of a close associate qualifies as
extreme traumatic stressor]
The judge implicitly excused this criminal behavior by pointing out that David had “multiple cardiac
procedures before coming to Afghanistan” When JW told his boss that his condition was worsening,
but the boss threatened toterminate him for being unable to perform his job.
(2) Judge: “He has only seen Dr. Starbranch on a few occasions and he has been non-complaint in
taking medication.”
[Note: Does the judge get it that consultations and medicine cost money? No money, no treatment, no
medicine.
AIG did not pay for his psychiatric treatment; he testified that he was dismissed from two jobs
because of his PTSD; JW told his doctor he was concerned that he was not receiving compensation
and his medical bills were not being paid] It is completely unreasonable to conclude that JW did not
want treatment when he clearlycould not afford it.
(3) JW is 46 years old, yet the judge expects him to consistently recall every detail of every single
health problem or minor accident he’s ever had. It is irrational to say JW is unreliable because he
forgot about one fainting spell five years earlier, particularly when he admitted an issue with stress.
Rather, it’s evidence of an ongoing and sickening, nit picking judicial game of ‘catch out’
played on people with serious mental injuries.
MOST BIZZARE: Judge Rossenow: “In spite of his testimony to the contrary, the
circumstantial evidence of Claimant’s symptoms peaking after his visit home supports the view that
his personal
situation was the source of any unusual stress.”
[Note: delayed onset PTSD; see ZS v Science Application] If this were true, half the population would
be fainting all over the place given the divorce rate of around 50%.
_____________________________________________________________
AS v SERVICE EMPLOYERS INTL 2008-LDA-71 8 July 2008
Kennington Dr. John Dorland Griffith
Michael Huey, P Vincent Gaddy and Grove E Asmus for AIG
Note: AS live in Alabama, Dr Griffith is in Houston
At Employer’s request Dr. Griffith conducted a psychiatric examination of Claimant on March 3,
2008. Dr. Griffith diagnosed malingering, personality disorder NOS. (Id. at 23-25).
On Fake Bad Scale Claimant had one of the highest scores (30) indicating faking
____________________________________________________________________
RB v SERVICE_EMPLOYERS_INTL 2007-LDA-00166 (JUL 30 2008)
Adele Higgins Odegard Dr. John Dorland Griffith ?
Barry L Lerner, Brian E White for AIG
____________________________________________________________
KS v Kellog-Brown & Root 2008 LDA00002 Nov 28, 2008
Lee Romero Dr. John Dorland Griffith
Dr Barrash
Gary Pitts, John Schouest, Limor Ben-Maier for AIG
Dr. Griffith When asked whether he doubted whether PTSD is a valid condition, he
responded: “I have some doubts about it, especially some forms of it.”
This case involves a lack of medical records from Iraq
On cross-examination, Dr. Griffith testified there is no test for malingering but that the MMPI-2 can
assist in concluding malingering. (EX-22, pp. 7-8). He acknowledged the word “malingering” does not
appear anywhere in Claimant‟s MMPI-2 test result printout. Dr. Griffith stated he is not an expert in
the administration, scoring, and interpretation of the MMPI-2. (EX-22, p. 5). He testified there are
several scales contained in the MMPI-2 that address malingering. (EX-22, p.
8). He stated he did not know what many of the letters of the scales on the MMPI-2 mean nor the
significance of several scales listed in MMPI-2. (EX-22, pp. 8-9).
Dr. Griffith concluded Claimant was malingering based upon his interview with Claimant and Claimant
‟s MMPI-2 results,particularly the fake bad scale, but acknowledged he was not an expert on
interpreting the fake bad scale. (EX-22, p. 9). He testified he was not aware that the „PK‟ scale
is called the Post-Traumatic Stress Disorder-Keen Scale, that scores in excess of 64 are
considered indicative of PTSD, and that Claimant scored a 70. (EX-22, p. 12). Dr. Griffith
administered no other tests other than the MMPI-2 to determine whether Claimant suffered from
PTSD. (EX-22, p. 16).
____________________________________________________________
LH_V_SERVICE_EMPLOYERS_IN _2008LDA00113 (DEC_04_2008)
Lee Romero relied on Rubenzer FB scale/ Griffith
Dr. John Dorland Griffith
Gary Pitts, James Azzarello for AIG
LH drove from Arkansas to see Griffith
You've got to read the rest on this one......
____________________________________________________________
KF_V_SERVICE_EMPLOYERS_IN _2008LDA00104_ (OCT_09_2008)_
Lee Romero
Kurt A Gronau, Jerry McKenney for AIG
2009:
_____________________________________________________________
GGW v CSA, LTD 2008 LDA 241 (16 January 2009)
Richard T. Stansell-Gamm Dr. John Dorland Griffith
Barry Lerner, John L Shouest
Note: Dr Griffith never saw this claimant, he is simply reviewing the records.
While Dr. Griffith focused principally on PTSD, I find his analysis and
conclusion that Mr. W.‟s stressor event was not a basis for a work disability to be sufficient
contrary evidence to rebut the Section 20(a) causation presumption in this case.
Based on a review of the record, Dr. Griffith had a sufficient documentary basis for his
opinion.
Dr. Griffith reasonably concluded that Mr. W. does not have PTSD.
GGW worked as a pest control specialist for CSA in Kuwait form August 2004 until August
2006. He supervised up to four other employees and worked six to seven days a week, 12
hours a day.
On May 1, 2006 GGW was assaulted by a co-worker, knocked to the floor, struck his head,
and suffered a deep thigh bruise. Believing his safety was at risk and concerned that he
would not get any support from his employer, GGW reported the assault to the military police.
His stress level increased and he received medical treatment for bouts of anxiety, nausea,
and gastrointestinal problems. His depression medication was also increased but he
decided to leave Kuwait because he could no longer tolerate the work environment due to
stress.
He was diagnosed by both his doctor and treating psychologist with PTSD and depression
(pre-existing condition under control with medication).
The judge sensibly found that the assault aggravated W. depression and anxiety issues, but
only awarded a measly disability for less than three months although the evidence clearly
shows that GGW’s physical and psychological symptoms only improved 18 months later. The
judge denied PTSD but illogically awarded psychological treatment received over a year
after the assault. He also denied treatment and medication for GGW’s aggravated
depression, despite extensively quoting the law that requires him to award disability:
A work-related aggravation of a pre-existing condition is also an injury under the Act.
Preziosi v. Controlled Indus., 22 BRBS 468 (1989).
To be a compensable injury under the Act, the employment-related injury need not be the sole
cause, or primary factor, in a disability. If an employment-related injury contributes to,
combines with, or aggravates a pre-existing or underlying condition, the entire disability is
compensable.
Strachan Shipping v. Nash, 782 F.2d 513 (5th Cir. 1986); Kooley v. Marine Indus. N. W., 22
BRBS 142 (1989). Thus, the term “injury” includes aggravation of a pre-existing, non-work-
related condition or the combination of work- and non-work-related conditions. Lopez v.
Southern Stevedores, 23 BRBS 295 (1990).
The judge’s befuddled reasoning stems primarily from his ignorance of depression
(episodes, condition fluctuates in severity) and PTSD, specifically delayed onset and that
symptoms may vary over time (DSM IV p. 426). In his defense, not a single doctor was
present at trial to enlighten him and explain their treatment notes. He even kept the record
open for 30 days to provide GGW’s lawyer an opportunity to present a response to Dr.
Griffith’s medical record review but the lawyer failed to submit any additional evidence.
DSM IV (page 426): Symptoms usually begin within the first 3 months after the trauma,
although there may be a delay of months, or even years, before symptoms appear.
Frequently, the disturbance initially meets the criteria for Acute Stress Disorder in the
immediate aftermath of the trauma. The progression of GGW’s PTSD thus fits the classic
timeline, and his refusal to return to Iraq is also typical had the judge bothered to read
Criterion (C1) and (C2): ‘The person commonly makes deliberate efforts to avoid thoughts,
feelings or conversations about the traumatic event; and to avoid activities, situations, or
people who arouse recollections of it.’
The decision in this case should be thrown out because Dr Griffith misrepresented his
credentials to the court. The judge wrote: “On August 8, 2008, Dr. Griffith, MD and university
associate professor of psychiatry, reviewed the records in Mr. W.’s case.”
Problem is that Dr Griffith testified on April 21, 2008 that he had retired from active practice
for the University of Texas in September 2007, two years before he reviewed GGW’s
records. He does not have hospital privileges anywhere; and does not have an actual
physical office where he evaluates patients. Dr Griffith did not tell the judge that he is no
expert in PTSD, doubts that PTSD is a valid condition, and that he ‘diagnosed’ all but one
(whom he could not name) of the 12 civilian contractors to be malingering. Hence, AIG failed
to rebut the Section 20(a) causation presumption of GW’s prima facie case for disability.
Griffith’s bias should have been evident from this blatant nonsense: “Fifth, an eminent
medical expert in PTSD has found little connection between PTSD and an inability to work.”
Wouldn’t it be poetic justice if he got in the way of a trucker suffering a flashback.
At trial, GW was asked why “Dr. DeRosales August 2006 treatment note which discusses his
carpal tunnel doesn’t mention his psychological problems.” The absurdity of expecting a
patient to explain his doctor’s treatment notes goes without saying. The judge ignores his
own summary of Dr. DeRosales treatment notes: On August 22, 2006, Mr. W. presented with
a history of depression. He was scheduled for carpal tunnel surgery and taking Lexapro. Dr.
DeRosales diagnosed bilateral carpal tunnel and depression treated with Lexapro. It is only
logical that the doctor would focus on major impending surgery, and since the assault took
place less than four months earlier, this does in any case not rule out delayed onset of PTSD
symptoms.
Another falsehood frequently peddled in these cases (and believed by some judges), is that
relationship problems cause PTSD symptoms although the exact opposite is true according
to the DSM IV, and is universally acknowledged as such: “irritability or outbursts of anger”;
“lead to marital conflict, divorce or loss of job”; “of feeling detached or estranged from other
people”; “markedly reduced ability to feel emotions especially those associated with
intimacy, tenderness, and sexuality”; etc.
MOST BIZZARE: Judge Stansell-Gamm: “Noting the commonality of Mr. W.’s assault, the
absence of a war-related trauma, and the lack of the requisite severe trauma necessary to
cause major, long lasting psychic damage, Dr. Griffith reasonably concluded that Mr. W.
does not have PTSD.”
[Note: The judge may be surprised to learn that it’s not common to engage in fisticuffs at the
workplace, that assault remains illegal. Makes one wonder what goes on in ALJ chambers.
Nowhere does the DSM-IV require that the trauma be war-related, In fact it specifically
identifies a physical attack as a valid stressor. Contrary to Dr Griffith’s assertion, about one-
third of PTSD cases do not resolve within one year even with treatment, and many last a
lifetime regardless of the ALJ’s preference.]
____________________________________________________________
Update: This decision was overturned by the BRB 09 0573
the administrative law judge was to assess the weight to be accorded to the medical
evidence of record, without substituting his judgment for that of the physicians.
TW v Service Employers INTL 2008-LDA-00331 (March 31 2009)
Paul Johnson Griffith credited Dr. John Dorland Griffith
Kurt A Gronau, Jerry R. McKenney for AIG
Note: Claimant lives in Cheboygan, Michigan, Dr Griffith is in Houston
TW worked in Iraq from February 2005 until May 2007 as labor foreman supervising third-party (non-
Iraqi and non-U.S.) nationals and drove trucks. He stayed at Camp Remagen for eight months where
he was exposed to occasional mortar attacks and small arms fire. He transferred to Camp Danger
for a year, the camp was subjected to mortar and rocket attacks on average three times a day.
TW was forcibly removed from Camp Warrior after telling his brother on the phone that he was going
to kill the camp manager who had made racial slurs, put him in danger by increasing his crew over 7
and denied him permission to see a military doctor.
He had called Employee Assistance Program four times for help, so that he would not in fact hurt the
camp manager, but the person he spoke with laughed at him.
In addition, TW witnessed three soldiers under mortar fire, resulting in the death of one soldier, the
immediate injury of the others, with one eventually dying. He also was part of the response in the
aftermath of a mortar attack that killed six third-country nationals, and he helped in the
cleanup of bodies.
TW had no psychiatric problems before going to Iraq. All of his four doctors diagnosed PTSD and
Major Depression Disorder, supported by the Millon Clinical MultiaxialInventory-III (“MCMI-III”) test
result. They include a clinical psychologist who treated TW for 24 sessions; aboard certified
psychiatrists; Dr Steven Reppuhn, Ph.D; an dhis board certified family physician.
But the judge denied his claim for one single dubious reason: “Because a reaction of intense fear,
horror, or helplessness is required for a finding of PTSD, and because that reaction is not present in
this case, Claimant has not established that he suffers from PTSD. The opinions of Drs.Marshall, Van
Holla, Reppuhn, and Oram do not establish the existence of PTSD because the credible, objective
evidence does not support their conclusions.”
The sheer arrogance of this judge impeaching the professional competence and integrity of four
qualified doctors without affording them the opportunity to explain and supplement their diagnosis is
beyond belief. Does he really think they did not consider a basic PTSD criterion before reaching their
diagnosis?
He even implies that Dr Marshall, a clinical psychologist who treated TW over 24 sessions, was lying
in his treatment notes: “He [TW] reports thinking about Iraq a lot. He has thoughts about gun fire,
incoming missiles, and fears of being hit by shrapnel”. Unless the judge read the full transcript of
these 24 therapy sessions, how does he presume to know everything that was said? “Although Dr.
Marshall states that Claimant felt intense fear or horror, there is nothing in Claimant’s statements to
him that supports that finding.”
Only the deceptive Dr John Dorland Griffith was credited, who claims TW told him the killing “didn’t
affect him”. “When asked specifically whether any incident caused him to feel horror, Claimant first
“blew up” at Dr. Griffith, and then said, “it didn’t affect him”.
Why so vague?
What exactly did TW say when he “blew up”?
Where is the audio/ video recording of the session?
The DSM-IV states: ‘or horror’, not ‘and horror’; why are we playing word games again?
Dr Griffith asked once about the killing, not about TW’s reaction to daily incoming mortar and small
arms fire. Its simply untrue for the judge to say TW “consistently stated hat exposure to mortar fire
and to the deaths of soldiers and other workers in Iraq did not affect him in anyway.”
Any rational, reasonable person would be afraid of random incoming rocket/ mortar fire three times a
day. TW testified he did not care if he lived or died; he began to cry at nighttime, felt very
unsupported by those that were former military; and carries the bullet that penetrated his pillow in a
necklace. LW never said that there was no incident that made him feel intense fear, helplessness, or
horror. In his deposition, he said he “thought about” the deaths he observed “for a little bit, but then it
went away.” He was not asked about his reaction to the consistent incoming mortar fire.
It’s puerile, a major leap in reasoning puerile to conclude that TW did not mention fear or horror to
three of his doctors just because they made no specific mention of such common-sense fact in their
treatment notes.
Basic due process demands that all witnesses have an equal opportunity to be heard.
But only AIG’s Dr Griffith testified at trial, could say whatever he pleased and none of the other four
doctors had a chance to rebut him. It is a common tactic to have claimants’ doctors prepare their
reports first and then allow the defense doctors to pick holes in it (however inaccurate) without an
opportunity to respond.
Similarly, the down-and-out civilian contractors can’t afford to pay their doctors to attend and testify at
trial while the insurance company, flush with bailout money, always dispatches their hired guns to
have the last word.
At least this judge did not fall for Dr Griffith’s routine attempts to minimize wartime exposure; but
nevertheless seized upon his sophistry concerning one PTSD criterion without having the medical
background to properly evaluate its significance for this complex diagnosis.
Judge Johnson inexplicably ignored the diagnosis of Major Depressive Disorder in his decision, and
made no mention of the MMPI-2 test result administered by Dr Griffith.
MOST BIZZARE:
The court reporter who recorded the formal hearing on October 14, 2008 disappeared, along with the
tapes of the hearing and no transcript was prepared.
[How convenient. Did TW perhaps say at the hearing that he was scared in Iraq?
Is the court reporter still missing?]
Judge: “It is significant as well that in testifying at his second deposition, Claimant addressed the
mortar attacks and the deaths he observed in a matter-of-fact way, with no evident emotional
response. Taken as a whole, therefore, the evidence shows that Claimant did not, in fact, react with
horror, intense fear, or helplessness to the incoming mortar
attacks or the deaths that he witnessed”
[Note: The whole point of 24 PTSD treatment sessions is desensitization by revisiting the trauma in a
controlled environment, to blunt the emotional response. The judge ignored the obvious fact that at
the time of his 2nd deposition TW was already home for 18 months and on Zoloft pills.
In addition, he was already forced to retell his trauma to at least five doctors; his lawyer; at two
depositions and trial. To expect him to have a breakdown after all this time is completely ridiculous,
especially when the judge cites PTSD Criterion C: “… and numbing of general responsiveness.”
This case is a prime example of an administrative law judge
cherry-picking and then distorting the evidence to support
his predetermined conclusion to deny.
____________________________________________________________________
JE_V_EGANDG_TECHNICAL_SER_ 2008LDA00326_ (APR_08_2009)
Rosenow (Griffith credited)
Dr. John Dorland Griffith
Gary Pitts Richard Garelick for AIG
JE was convinced to go see the Fab Four DME's doc's but why?
It's in the emails guys !!!
JE went to Iraq in July 2004 to work as diesel mechanic for EG&G in Baghdad, Mosul, Anaconda, and
Kirkuk. He frequently saw body parts in vehicles blown up by roadside bombs. He was at Mosul when
the mess hall was bombed, knew two of the guys who died and was heartbroken. His base was
frequently attacked with mortar shells and he was shot at.
In March 2005, JE was hit by a mortar round in Kirkuk and sustained severe internal and external
wounds. The blast threw him five feet in the air and knocked him out. He was evacuated to Germany,
had a number of surgeries and was sent home.
After a few months, he reported that he felt better and was cleared to return to work in Iraq. Shortly
after his return, the left side of his body went numb and he complained of the rapid onset of
significant neurological, digestive, and psychiatric problems that forced him to return home. He has
not worked since and is cared for by his 80-year old mother who was a nurse for 30 years.
Before going to Iraq, JE was outgoing, had no health problems, ran three miles every other day and
had never sought mental health care before.
In June 2008, AIG stopped paying disability and JE applied for 14 jobs as diesel mechanic, at
McDonalds and Burger King, even for a janitor position but was turned down because of his
disabilities, notably his limp due to residual shrapnel. They told him he is a high insurance risk now.
He most recently tried to go back to work with EG&G in June 2008. They said he had to be a 100% to
do his job as a diesel technician and they did not think he was a hundred percent capable. The
absurdity of this position was apparently lost on the judge who awarded limited treatment but denied
disability retrospectively, effectively leaving JE in massive debt to AIG without any hope for
treatment.
Although JE was diagnosed by four competent mental health professionals with PTSD, cognitive
deficit and post-concussion syndrome, the judge sided with the patently biased and false opinions of
two AIG doctors who claimed JE was malingering PTSD. The other two AIG doctors conceded
that JE had “some psychological problems”; “exhibited bizarre behavior” but opined that he was
exaggerating his physical symptoms.
The judge endorsed this brazen misquote of the DSM-IV by Dr. Bryan Drazner: “There must be
persistent re-experience with flashbacks and nightmares. These were not well established or
documented and not complained of at all to the physicians over the first several months. Claimant
never made a complaint to any of the physicians early on.” In fact, the DSM-IV says the exact
opposite (page 424): “
The traumatic event can be re experienced in various ways.
Commonly the person has recurrent and intrusive
recollections of the event (Criterion B1) or recurrent
distressing dreams during which the event is replayed
(Criterion B)”.
It is simply inexcusable for a judge hearing DBA cases after six years of war to be ignorant of the fact
that the onset of PTSD symptoms is delayed. His failure to read the six pages on PTSD in the DSM-IV
is at best dereliction of duty. The judge knew that Dr Drazner is not an expert in psychiatry or
psychology, but practices physical medicine and orthopedic rehabilitation.
Who but the thoroughly discredited Dr John Dorland Griffith (MG v SEI; AS v SEI) would show up for
his piece of the carnage, spewing his usual mix of claptrap and insults like:
“symptoms that he sees sometimes with people who are not very sophisticated” …
“had walked in with a Six-Million-Dollar-Man walk” …
“bizarre and silly presentation of symptoms”…
“the only people that have headaches in the top of their heads are his patients”…
“He's [JE] living with his eighty year old mother… He (Griffith) thought that was pretty strange as well”.
Dr Griffith administered the MMPI, had it scored by Pearsons, and the results suggest malingering or
symptom magnification.
[Note: Griffith is not qualified to administer the MMPI because he is a psychiatrist, not a clinical
psychologist, apart from the fact that he has no clue how to read the test results – see AS v SEI.
Pearsons (exclusive distributor) has an institutional commercial bias to score malingering.
Griffith claims the MMPI gave an invalid profile because the F was greater than 89. According to him,
that means Claimant was not truthful and there was no point in scoring the test.
This is false.
F scores approximating 100 or greater suggest an invalid profile.
JE’s score of 89 is an indicator of severe psychological disturbance.
According to the MMPI handbook (p.104), high F scores are more often associated with extreme
psychopathology than with test invalidity.
The judge is skeptical about the ‘subjective’ nature of JE’s symptoms, but is paradoxically impressed
with AIG doctors’ equally subjective observation and evaluation of JE’s reaction to pain as “atypical”.
Has it occurred to the judge that civilian doctors in Houston are highly unlikely to have seen a patient
before who was struck by a mortar shell? The army medic in Iraq diagnosed nerve damage
in his whole left side.
Judge: “Although the evidence does not support a finding Claimant cannot return to his original job
[Note: His former employer refused to take him back in June 2008 because he is“not 100%”],
it does support a finding that Claimant requires continuing follow-up care for his psychological and
intestinal condition and that such conditions could be a consequence of his 18 Mar 05 injury.”
“Claimant’s claim for disability compensation for the period subsequent to 9 Sep 05 is denied.” [Note:
the judge is not following the law: To establish a prima facie case of total disability, the claimant must
show that he is unable to return to his regular or usual employment due to his
work-related injury.]
MOST BIZZARE: Judge Rosenow:
“I did not find Mr. Gomilla’s findings or opinions to be as persuasive as
the fully developed rationale of the more extensively trained and credentialed Dr. Griffith.
The same is true of the brief notes of the various VA doctors who saw and treated Claimant.”
To suggest that three VA doctors know less about PTSD/ TBI than Dr Griffith because they are too
busy with real work to write up extensive reports is patently bizarre. The VA does not use the MMPI on
combat veterans because it does not precisely differentiate over-reporting from extreme distress
in that group.
This is what happens when judges without any medical background but lots of prejudice rule on
appearance rather than substance. AIG uses its financial clout to pay defense doctors as much as it
takes to write up a dissertation, even if it is dead wrong. Civilian doctors are not familiar with combat
trauma, physical or mental, and even the VA knows very little at this stage about traumatic brain
injury and nerve damage caused by HE explosives. Two treating doctors reported suicidal/ homicidal
ideation in this case, and the eventual outcome of this flawed ruling is entirely predictable.
Why are you driving him over the edge, Judge Rosenow, and make an 80-year old
lady pay a terrible price?
___________________________________________________________________
KC_V_SERVICE_EMPLOYERS_IN_ 2008LDA00244_ (FEB_02_2009)
Lee Romero Dr. John Dorland Griffith
Barry R Lerner, Jerry R McKenney for AIG
KC worked for SEI (KBR) as labor foreman at Base C-7 in Kirkuk from July 2006 to January 2008. He
supervised 30 to 50 men, traveled into the City of Kirkuk to pick up Iraqi workers and bring them back
onto base to clean latrines and showers for the troops. KC also cleaned recovered vehicles of body
fluids and the facilities at the flight line and hospital where troops were recovering from their injuries.
He worked seven days per week, 12 hours a day.
On the first of January 2008, KC was lifting boxes off of the back of a truck when a mortar explosion
blew him off the truck and he fractured his T-12 vertebra. The KBR Medical Clinic, however,
diagnosed him with a muscle strain, gave him Motrin and told him to apply ice to his back. Upon his
return to the United States, his family practitioner ordered a x-ray which revealed a compression
fracture at the T-12 intervertebral body.
On January 3, 2008, KC reported to the KBR Medical Clinic stating “he wanted to go home on
medical leave because he was extremely depressed, in a very dark place.” He was assessed as a
psychiatric emergency and voluntarily agreed to talk to the Army combat mental health clinic. He
would neither deny nor confirm if he felt suicidal or homicidal.
KBR determined that KC had a “non-occupational [how surprising!] medical condition which requires
a higher level of care.” His primary diagnosis was depression.
KC was transferred to the 85th Medical Detachment Combat Stress Clinic where an army psychiatrist,
MAJ Aramanda, diagnosed him with “experiencing an acute stress response to multiple events that
has a significant impact on his mood and functioning. The Medical Detachment put in paper work
for 30 days medical leave to the States for elevation and treatment.
Back home, he was diagnosed with severe PTSD by a psychiatrist who prescribed four medications
as he continuedto have nightmares about removing body debris from cars.
Although KC was in daily contact with AIG and his supervisors in Iraq, AIG never paid for his
treatment with Dr. Badea-Mic. Like a used, disposable Kleenex, KC was telephonically terminated by
Janet Little from SEI in March 2008 without any explanation. He never received any compensation
and has paid for his medications on his own although he cannot afford to do so.
Judge Romero: “Accordingly, I find and conclude that Claimant failed to establish by a
preponderance of theevidence that he suffered a work-related psychological injury
resulting in a post-traumatic stress disorder ordepressive disorder or any other
psychological injury whileemployed by Employer in Iraq.”
“Claimant’s testimony does not support any specific exposure to an extreme traumatic
stressor involving direct personal experience of an event that involved actual or
threatened death or serious injury or any other threat to his physical integrity.”
There are really no words to adequately describe this travesty; Judge Romero has simply abandoned
any pretense of rationality never mind objectivity. Being blown off a truck by a mortar blast in a war
zone and fracturing your spine is indisputably a serious actual injury and most certainly a threat -
even though Dr John Dorland Griffith, an armchair warrior who never experienced any combat, thinks
otherwise.
No psychological injury? Has he gone off his rocker? Even KBR admitted that KC was a “psychiatric
emergency” and sent him to an army psychiatrist who agreed. The judge has obviously not yet gotten
around to reading the DSM IV (page 426): ‘Frequently, the disturbance initially meets the criteria for
Acute Stress Disorder in the immediate aftermath of the trauma’; but is conceited enough to
deride MAJ Aramanda diagnosis as “… an unspecified “stress response” to unexplicated “multiple
events.”
Only a fool in his ivory tower would deny that supervising up to 50 occupied foreign nationals during
an insurgency is inherently life-threatening. Forgot that KC also burned his hair and arms from a
burning Humvee?
Dr. Griffith (who never examined KC) concluded that no tests or procedures were performed to rule
out symptom magnification or malingering which is required by the Diagnostic and Statistical Manual
of Mental Disorders, Fourth Edition, (DSM-IV). This is deceptive, a brazen misrepresentation of the
DSM-IV which only states:
‘Malingering should be ruled out in those situations in which financial remuneration, benefit eligibility,
and forensic determinations play a role.’
Nowhere does it require “tests or procedures” to be performed because they DO NOT EXIST
independently of a subjective clinical evaluation by a competent psychiatrist.
[Note: see the fake ‘Fake Bad Scale]
For Judge Romero to still credit the opinions of Dr Griffith over other qualified doctors
after being fully aware of his shocking incompetence and deceit revealed in prior
depositions (MG v SEI; KS v Kellog-Brown & Root) raises very serious questions about his
judicial integrity. He boasts the highest ratio of denied mental injury cases by far. His
blind faith in KBR records is downright suspect given their public record of bribery, war
profiteering, fraud and even covering up Hexavalent chromium contamination of their own
soldiers.
The judge’s rendition of the facts are couched in blatant bias, for example: “The mortar round landed
a good distance away and Claimant admitted he was not in harm’s way from the explosion, only the
concussion.” Anyone who watches the news knows by now that traumatic brain injury and PTSD are
the invisible signature wounds of the war. A judge adjudicating these types of cases must know by
now that blast waves cause severe brain damage even 100 yards away. Just use your google search
engine for the latest
authoritative science. And by the way, blast victims usually don’t remember much of what happened
before and after –
so forget about remembering the “reaction of horror and fear” in PTSD which in any case overlaps
with the TBI diagnosis.
Another example of dogma - Judge: “Contrary to Claimant’s testimony, the medical records of
Employer’s clinic reveal that Claimant reported to the clinic on January 3, 2008…” This is exactly what
KC said in his testimony, as reported by the judge – there is no “contrary” issue or discrepancy
involved at all; except that the judge works off a template that brands every PTSD claimant as
dishonest from the outset and searches for trivial “contradictions” to discredit mentally injured people.
It is patently unfair to penalize KC for what this judge perceives to be incomplete treatment records,
esp. when the doctors are not even asked or present at trial to explain their notes. It is disingenuous
to deny psychiatric injury when KC was ordered home because of this by both his employer and the
military; and subsequently properly diagnosed and treated for PTSD with his psychiatrist refusing to
authorize his return after 30 days.
Like it or not, Judge Romero, this is the law:
Disability is defined under the Act as an “incapacity to earn the wages which the employee was
receiving at the time of injury in the same or any other employment.” 33 U.S.C. § 902(10).
MOST BIZZARE: The entire absurd decision.
-------------------------------------------------------------------------------------------
PTSD Claims Awarded has it's own page here
4 PTSD Claims Partial Award – no compensation but medical treatment
RM v Service Employers International (17 August 2006)
Patrick Rosenow
Moreover, he conceded that he was able and wanted to participate in a rehabilitation and
education plan, which indicates that his PTSD was not debilitating. Consequently, I find that
his PTSD did not impact his capacity to return to work. Awarded Medical expenses related to
PTSD.
EM v DYNCORP (31 AUG 2007)
Janice Bullard
Claimant’s claim for benefits under the Act is DISMISSED as untimely
Modified 09 October 2007: Employer is responsible to pay all of Claimant’s expenses for
reasonable and necessary medical treatment related to the physical and psychological injuries
she sustained on April 17, 2004, pursuant to Section 7 of the Act.
TG_V_A_AND_L_UNDERGROUND__2008LDA00356_(APR_01_2009)
Linda Chapman:
PTSD/ depression dropped from Claim despite diagnosis in Stipulations
The parties have stipulated, and based on the record, I find as follows. There is no disability
due to the psychological problems, but there is a need for medical treatment.
RS_V_KBR_GOVERNMENT_OPERA_2008LDA00059_(AUG_26_2008)
Ralph Romano (Griffith) – only medical treatment for PTSD
Claimant has not established any extent of disability from either injury. Thus, I find that
Claimant is not entitled to compensation benefits under the Act
Settlements PTSD for less than AWW (incomplete):
WJ_V_SERVICE_EMPLOYERS_IN_2006LDA00036_(SEP_12_2007)
Stephen Purcell
Claimant’s Counsel specifically noted that his client was informed of the possibility that he
may have gotten a higher wage rate had this matter gone to trial but that due to his Post
Traumatic Stress Disorder, his client did not desire to go through a hearing and prefers instead
the certainty and expediency of the compromised resolution submitted in the stipulations.
Employer/Carrier shall pay to Claimant appropriate compensation benefits, noted above, at the
rate of $700.00 per week (based on an average weekly wage of $1,050.00).
2006:
TALBOTT_GERALD_V_SERVICE_EMPLOYERS_IN_2005LDA00016 _(JAN_19_2006)
Clement Kennington Griffith credited
Dr John Dorland Griffith
Quentin D. Price for claimant, Jerry R. McKenney for AIG
"Dr. Griffith, a board psychiatrist with an extensive record of treatment of patients" Fact Check
Gerald drove flatbed routes Jackson and Tampa for KBR in Iraq from December 2003 through July
2004. He was shot at almost every day during his 12-18 hours drives; convoy attacks escalated with
insurgent using a combination of IEDs, mortars, and RPGs. In January, he was driving approaching a
bridge south from Camp Anaconda when a 50 pound mortar exploded blowing out the windows of his
truck.
A licensed professional counselor diagnosed and treated PTSD, but the judge found that she had no
objective evidence to support any of Gerald’s “alleged symptoms and has never considered the issue
of secondary gain in her analysis or treatment of Claimant.”
The judge was “impressed” with insurance Dr. Griffith, “who rightly questioned the PTSD diagnosis
because of Claimant’s lack of symptoms in Iraq, his ability to work over there…” despite the fact that
Dr Griffith never examined Gerald.
MOST BIZARRE: Because Gerald rejected the biased evaluators chosen by employer, the
ALJ found that “Claimant’s alleged mental condition remains untested and unconfirmed”
and “I do not credit his testimony of alleged shoulder, ear, headache, and PTSD problems from the
January, 2004, convoy attack.”
>
___________________________________________________________________
EYSSELINCK_TIMOTHY_A_V_RONCO_CONSULTING _2005LDA00012_ (FEB_08_2006)
Clement Kennington Dr. Carroll Brodsky
Gary Pitts for claimant, Roger Levy for CNA
MOST BIZARRE: Dr. Brodsky testified that suicide is a risk of depression and not PTSD
He also testified that the onset of PTSD symptoms was immediately after the traumatic event. These
blatantly wrong conclusions on the part of Dr. Brodsky paved the way for denials beginning with the
Talbot case
See also The US Occupation of Iraq: Casualties Not Counted
2007:
_____________________________________________________________
ZS_V_SCIENCE_APPLICATIONS _2006LDA00034_ (APR_06_2007)
Second Aug , Third Oct 23
Jennifer Gee Dr. Mohan Nair
Jorden N. Pederson for claimant , Michael W. Thomas
ZS, a computer engineer, was sent by her employer SAIC to work on the telecommunications
infrastructure in the Green Zone of Baghdad in August 2003. She was inside the Al-Rashid
Hotel located in the Green Zone when it was attacked and bombed in September and again in
October. Her friend was killed in the second attack, she also saw dead bodies of soldiers at a military
hospital and the lifeless bodies of children laying in the streets.
ZS has been diagnosed with PTSD and her treating psychiatrist attributed her illness to the traumatic
events the Claimant experienced while in Iraq.
AIG trotted out Dr. Mohan Nair, who opined that ZS does not suffer from PTSD because she did not
seek treatment for it at an earlier date.
Judge Gee roundly rejected his testimony: “I find it troubling that Dr. Nair, who treats
PTSD patients, was not aware that even the DSM IV recognizes that symptoms of PTSD may not
appear immediately.”
“PTSD is a difficult condition to diagnose promptly.
Courts have recognized that psychological disorders such as PTSD may manifest themselves
progressively, thus resulting in delayed diagnoses. Blankenship v. Bowen, 874 F.2d 1116,
1122 (6th Cir. 1989). The Sixth Circuit noted that mental disorders cannot be easily ascertained or
verified by objective clinical testing as other physical ailments can.”
The judge found the ZS suffers from PTSD but denied her claim because she was apparently not
covered under the Defense Base Act although SAIC paid its insurance carrier premiums for such
DBA coverage. She determined that the Green Zone, where ZS was injured, is not a military base for
purposes of coverage under Section 1(a)(1) of the DBA.
MOST BIZARRE: Based on the testimony from two coworkers, the judge found that “the Green
Zone was mainly protected by private security contractors. It provided a secure place for housing for
the Coalition Forces, diplomats, contractors,and news media. Although the Green Zone was partly
protected by the military and had an appointed mayor who was a U.S. Military officer, it was not
governed controlled or owned by the military.” “Military enclaves and headquarters were
also located within the Green Zone.”
___________________________________________________________________
KE v CANINE ASSOCIATES INTERNATIONAL 2007-LDA-00009 (06/08/2007)
John Vittone Dr Bill H Grimm William Brasted
David Linker, Scott Hymel for ACE
KE is an Explosive Detection Dog Team Handler sent to Iraq in February 2005, where he examined
vehicles at checkpoints and went on missions with military units searching buildings. He was in
several gunfights in Sadr City and witnessed the aftermath of fire fights where people had been
blown up or shot. In August, he was sent to Afghanistan where he was with a military unit to set up
roadblocks and going through villages looking for explosives and insurgents.
The most traumatic incident occurred when his unit was ambushed and he saw the sergeant with
whom he regularly worked die following an explosion. This incident was not disputed and only one
trauma is required for PTSD. The sergeant’s body was “riddled with shrapnel all long his side and
basically his legs were blown off.” KS put tourniquets on the sergeant’s legs and started an IV in
his arm while fire fights continued.
His treating psychiatrist diagnosed him with PTSD, but the judge noted that KS “worked without
complaint for four months after the October 9th incident and has repeatedly stated that he left
Afghanistan because he disagreed with the Employer’s enforcement of the alcohol policy” (see
PTSD delayed onset)
ACE trotted out Drs. Bill H. Grimm and William S. Brasted,both clinical psychologists, to malign KS
with slanderous allegations like “he was braggadocios about his missions and obviously
demonstrated some narcissistic, inflated attitudes towards about his talents and skills”….”gratify his
need for excitement and adulation”… “has other issues and problems (familial stress) unrelated to his
work experience” and diagnosed antisocial personality disorder. The MMPI-2 was used to
accuse him of exaggerating his symptoms.
KS’s former supervisor testified for his employer (no surprise there), claiming KS filed only two After
Action Reports (AAR’s) in Iraq and minimized his exposure to traumatic events. The judge seized on
every inconsistency, mostly trivial semantics, to discredit KS.
MOST BIZARRE: Judge: ‘The AARs for October 9, and November 16 and 18, 2005, and the
Claimant’s testimony that he had been in miscellaneous fire fights in Afghanistan are the only
indication that the Claimant exchanged gunfire with anyone during his time in either Iraq or
Afghanistan.” (Note: It only takes one traumatic event to get PTSD).
“Although the Claimant testified at one point during the hearing that working in Afghanistan would not
be healthy for him, the Claimant has continuously sought employment with the Employer and other
companies that would send him overseas to war zones such as Iraq and Afghanistan.”
(ever been unable to find a job, homeless and starving, Judge Vittone?)
____________________________________________________________________
DM_V_SERVICE_EMPLOYERS_INTL_2006LDA00131_and LDA00131 (SEP_18_2007)
Clement Kennington “impressed”
Dr. John Dorland Griffith
Gary Pitts, Jerry R. McKinney and James Azzarello for AIG
On October 1, 2007, Claimant filed a Motion for Reconsideration, contending that
credibility of Drs. Griffith and DeSouza, as well as Ms. Ragland, should be re-evaluated in light
of research he obtained regarding validity of Minnesota Multiphasic Personality Inventory-2
(“MMPI-2”) test that had been administered to him by Dr. Griffith. He also contends that his
attorney, Mr. Pitts, failed to research the MMPI-2.
DM drove bobtail, unarmed, from Kuwait to military bases throughout Iraq for one year starting
September 2004. Some of the convoys he drove in were subject to small arms fire and IED attacks.
During one such attack he was instructed to retrieve another driver’s body from the damaged truck
but found all that was left of the driver was a forearm. His
friend was also killed in Iraq.
DM was diagnosed with a severe PTSD including suicidal ideations by both his treating
psychotherapist and treating psychiatrist who specialize in PTSD, unlike AIG’s Dr John Griffith who
admitted he has reviewed five to six cases for insurance carriers where he determined each of the
claimants were malingerers.
Dr. DeSouza is employed full-time by the VA hospital as chief of the mental health department and is
also an associate professor at Kansas University. She has treated a couple thousand veterans with
PTSD during her 30-year career. Dr. Griffith confirmed that none of his 26 publications concern
PTSD but most are about medication.
In spite of that, the judge found “I am unable to credit much of the records and testimony of Dr.
DeSouza and Ms. Ragland as neither of them performed any objective testing on Claimant to
determine whether he was malingering” and “The only psychometric testing performed on Claimant
showed he was exaggerating and “faking bad”. [Note: there exists no “objective test” to rule out
malingering, not even criteria in the DSMIV].
The Fake Bad Scale (FBS) was added to the MMPI-2 2007, but has since been repeatedly rejected in
real courts as unscientific and “inherently unreliable because it scores points in malingering,
exaggerating or over reporting when a patient acknowledges true symptoms of physical injury or
psychological distress.” The FBS is biased against women, the disabled and those suffering from
PTSD, traumatic brain injury and depression. Dr James Butcher, the creator of the MMPI-2, testified
in Stith v Williams, Et Al that the test was a explosive device that was a misuse of psychology by
members of the defense nueropsychologists to unfairly reflect malingerers.
In almost every case, Dr. Griffith gets away with this falsehood, directly contradicted by the DSMIV:
“nightmares in PTSD patients occur rarely, maybe once a year, and are generally comprised of
symbolic content that seems goofy because it contradicts what is considered reality.”
The verbal abuse inflicted of DM during the hearing in the presence of his wife and stepson was
downright sadistic:
Dr. Griffith: Claimant’s pre-existing personality disorder was apparent through his unusual weepiness
that he determined was a regression to childhood behavior of “mother come and get me, mother hold
me, mother comfort me.” He determined Claimant was a passive dependent who identifies with his
mother and “perhaps” seeks her attention by having a need to fail.
Griffith further accused DM of “immature and attention-seeking behavior” and speculated that DM
‘most likely stays with his wife and children because he does notwant to pay child support.”
[Note: page 425 in the DSM-IV details how PTSD causes relationship problems]
The judge grossly exaggerated “inconsistencies and contradictions in DM’s testimony” which were in
fact minor, inconsequential and explicable given his situation,mental disorder (memory and
concentration loss) and effect of his medications.
MOST BIZARRE: Judge Kennington says “I was impressed with the sincerity, testimony, and
records of Dr. Griffith and find no basis to discredit his opinion”. “Dr. Griffith was trying to illustrate
that those nurses (working in emergency rooms) are exposed to equally hazardous conditions as
civilian contractors in combat zones.”
“The record, in sum, shows that Claimant waited approximately six (6) months to report symptoms of
psychosis. During those six (6) months he spent time visiting internet sites
(americancontractorsiniraq.com) where he could have learned of the symptomology of PTSD”
[Note: delayed onset PTSD/ any first amendment rights violated here?]
___________________________________________________________________________
ST_V_KBR_GOVERNMENT_OPERA_ 2007LDA00011_ (OCT_23_2007)
Lee Romero “impressed” with Griffith
Dr. John Dorland Griffith
Gary Pitts, Jerry McKenney, James Azzarello for AIG
ST was coerced to travel from North Carolina to Houston to be examined and tested by Dr
Griffith, alone, in an unmarked office, not a doctors office, on a Sunday morning.
2008:
____________________________________________________________
EL_V_KBR_GOVERNMENT_OPERA 2007LDA00049_ (FEB_26_2008) S
Lee Romero Dr. Moeller
Gary Pitts, Brian White and John L Schouest for AIG
EL was exposed to several extreme life-threatening events in Iraq where he drove trucks for KBR
from February 2005 until June 2006. Stationed in Balad and later Al Asad, his convoys went towards
the Syrian border,Telefar, Rawa and were frequently attacked with IEDs, mortars and one VIED
suicide attack.
In April, the truck in front of him as well as a humvee were blown up by daisy IEDs. The shrapnel
destroyed his truck and he sustained a concussion.
Months later, EL and the convoy commander were driving a level three armored palletized loading
system when an explosion blew out the trailer and the air hoses. He would have died had the vehicle
not been armored.
In another attack, the truck that was two trucks ahead of him, driven by a friend, was blown up. EL
knew other employees, including some friends, who died in Iraq.
EL became a convoy commander two months before leaving Iraq but reached his “breaking point”
when a military convoy behind his convoy was hit and a soldier died. KBR fired him for having a drink
(their routine excuse to get rid of people they have used up).
EL was diagnosed with chronic PTSD (and suicidal thoughts) by his board-certified treating
psychiatrist, but AIG trotted out Dr Mark S. Moeller to diagnose malingering because “the final
criteria of the DSM-IV, that the disturbance must cause clinically significant distress or impairment in
social, occupational, or other important areas of functioning, had not been met”.
Faced with a classic PTSD case, AIG resorted to spying on EL with surveillance videos on eleven full
days over a four-month period. Although the videos confirm extreme self-isolation and corroborate
EL’s testimony in every respect,
Dr Moeller managed to twist and manipulate it into evidence against EL.
EL, a commercial truck driver, never said he does not sometimes drive his own cars albeit with great
difficulty (read the case). When asked why he felt he could not work, he replied because he
“definitely can’t drive…“I get road rage real easy”. In the context of the question he was obviously
referring to his prior occupation as commercial truck driver, and not driving in general. This deliberate
distortion/ parsing of words and selective reporting of what was actually said by insurance doctors and
some judges to brand people with lesser verbal skills as liars is perversely common in DBA cases.
The judge, by virtue of prejudice or sloth or both, just piggy-backed on Moeller’s opinion, failing to
perform his own unbiased evaluation of the objective evidence. “I find Claimant’s testimony regarding
his level of impairment to be exaggerated and contradicted by surveillance evidence.”
This is patently false. On four of the eleven randomly spied on days, EL never left his house. On
another five he ventured outside only once to get the mail, retrieve trash, do yard work once. We are
already at 90% extreme recluse existence.
Then he tried to overcome his fear to drive on one day;confirmed by Big Brother data: At
approximately 9:00 a.m., Claimant is filmed sitting in a green/blue car for several minutes and then
getting out of the car and walking to the side of his residence. At 10:19 a.m., the same car is filmed
driving to Claimant’s mailbox. Claimant is shown collecting the mail, walking towards his residence,
then walking back to the car and entering the driver’s seat.
Judge Romero hanged him on one (yes only one) day out of eleven when he actually drove his truck
for 15 minutes outside his home and for the first time talked to someone other than his wife and
stepson.
EL testified that he did not recall filling out a social/psychological profile at a Wellness Center in
Denton where he was treated for respiratory failure. It never occurred to the judge that medical
records or test results are not inviolate (brazen fraud occurred in an earlier case he denied), or
question why a psychological profile would be required for a respiratory problem.
It’s also disingenuous to harp on the fact that EL made no claims of being stressed or anxious etc. in
his exit interview from Iraq. PTSD has a delayed onset, is progressive and KBR routinely fires workers
who complain about symptoms and refuses to rehire those who are diagnosed with PTSD.
MOST BIZARRE: Judge Romero: “Claimant’s wife’s corroborating statements (of EL’s PTSD
symptoms), which, due to the role of financial remuneration, are also of little value.” In other words,
the judge presumes from the outset that any claimant and their families are inevitably untruthful
witnesses.
Since EL was exposed to HE blast waves and sustained a concussion, why is there no mention in the
record of a MRI to rule out traumatic brain injury, the other “signature wound” of the Iraq war?
___________________________________________________________________
JW_V_SERVICE_EMPLOYERS_INTL _2006LDA00067_ (MAR_07_2008)
Patrick Rossenow Dr. Michael Hilton
Gary Pitts, Grover E Asmus for AIG
JW worked for KBR in Afghanistan (Kandahar and Bagram base) as a plumber for five months from
August 2004. He began experiencing severe dizzy spells, episodes of syncope (fainting), headaches
and chest pains. Constant exposure to chemicals and burning asbestos caused breathing problems.
He fainted while driving and was evacuated to a hospital in Germany where his chest pains were
found to be stress related.
Before going to Afghanistan, JW successfully ran his own remodeling business for 27 years and had
no health problems at all. He informed KBR at the pre-deployment physical that he had an issue with
stress five years earlier following his divorce.
AIG paid no disability benefits, but did pay his medical expenses, except for Dr Starbranch who
diagnosed PTSD and prescribed medication for suicidal thoughts.
Here is the catch: His employer referred him to Dr Starbranch, who then refused to testify because
she apparently does not involve herself in workers’ compensation cases.
Incredibly, no mental health professional was called to challenge AIG’s Dr Michael Hilton and to verify
his MMPI-2 results which predictably showed that JW had “grossly” exaggerated his symptoms.
(See Fact Check and DM v SEI on Fake Bad Scale).
The decision reflects no debate what so ever on the cut-off score used; the other validity scales or his
score on the PK scale which measures PTSD.
Like most hired-gun insurance doctors, Dr Hilton opined that JW’s “complaints of stressful encounters
in Afghanistan fail to meet the necessary initial requirement necessary for the PTSD diagnosis”.
In other words, he was not exposed to real or perceived danger in the war zone.
In reality, JW was attacked with an RPG; was shot at in the air during a military flight to Kandahar; he
was in Bagram when there were three or four different missile attacks, several mortar attacks and he
could see, feel and hear the explosions. He was continuing to work seven days per week and twelve
hours per day. On all of the bases, the outside perimeter wires were infested with land mines; a
constant source of stress was fear of stepping on a bomb. He often saw dead bodies piled up, and
missiles going down the road with the warlords.
JW was extremely upset over the sudden death of his friend David whom KBR had literally worked to
death: David informed the supervisor that he was not feeling well, had not been feeling well for
several days, and required a day off. The doctor agreed to give David a note excusing him from work,
but the supervisor instructed him to return to work. David worked the rest of the day, and passed
away that night.
[Note: DSM-IV page 424: learning about the unexpected death of a close associate qualifies as
extreme traumatic stressor]
The judge implicitly excused this criminal behavior by pointing out that David had “multiple cardiac
procedures before coming to Afghanistan” When JW told his boss that his condition was worsening,
but the boss threatened toterminate him for being unable to perform his job.
(2) Judge: “He has only seen Dr. Starbranch on a few occasions and he has been non-complaint in
taking medication.”
[Note: Does the judge get it that consultations and medicine cost money? No money, no treatment, no
medicine.
AIG did not pay for his psychiatric treatment; he testified that he was dismissed from two jobs
because of his PTSD; JW told his doctor he was concerned that he was not receiving compensation
and his medical bills were not being paid] It is completely unreasonable to conclude that JW did not
want treatment when he clearlycould not afford it.
(3) JW is 46 years old, yet the judge expects him to consistently recall every detail of every single
health problem or minor accident he’s ever had. It is irrational to say JW is unreliable because he
forgot about one fainting spell five years earlier, particularly when he admitted an issue with stress.
Rather, it’s evidence of an ongoing and sickening, nit picking judicial game of ‘catch out’
played on people with serious mental injuries.
MOST BIZZARE: Judge Rossenow: “In spite of his testimony to the contrary, the
circumstantial evidence of Claimant’s symptoms peaking after his visit home supports the view that
his personal
situation was the source of any unusual stress.”
[Note: delayed onset PTSD; see ZS v Science Application] If this were true, half the population would
be fainting all over the place given the divorce rate of around 50%.
_____________________________________________________________
AS v SERVICE EMPLOYERS INTL 2008-LDA-71 8 July 2008
Kennington Dr. John Dorland Griffith
Michael Huey, P Vincent Gaddy and Grove E Asmus for AIG
Note: AS live in Alabama, Dr Griffith is in Houston
At Employer’s request Dr. Griffith conducted a psychiatric examination of Claimant on March 3,
2008. Dr. Griffith diagnosed malingering, personality disorder NOS. (Id. at 23-25).
On Fake Bad Scale Claimant had one of the highest scores (30) indicating faking
____________________________________________________________________
RB v SERVICE_EMPLOYERS_INTL 2007-LDA-00166 (JUL 30 2008)
Adele Higgins Odegard Dr. John Dorland Griffith ?
Barry L Lerner, Brian E White for AIG
____________________________________________________________
KS v Kellog-Brown & Root 2008 LDA00002 Nov 28, 2008
Lee Romero Dr. John Dorland Griffith
Dr Barrash
Gary Pitts, John Schouest, Limor Ben-Maier for AIG
Dr. Griffith When asked whether he doubted whether PTSD is a valid condition, he
responded: “I have some doubts about it, especially some forms of it.”
This case involves a lack of medical records from Iraq
On cross-examination, Dr. Griffith testified there is no test for malingering but that the MMPI-2 can
assist in concluding malingering. (EX-22, pp. 7-8). He acknowledged the word “malingering” does not
appear anywhere in Claimant‟s MMPI-2 test result printout. Dr. Griffith stated he is not an expert in
the administration, scoring, and interpretation of the MMPI-2. (EX-22, p. 5). He testified there are
several scales contained in the MMPI-2 that address malingering. (EX-22, p.
8). He stated he did not know what many of the letters of the scales on the MMPI-2 mean nor the
significance of several scales listed in MMPI-2. (EX-22, pp. 8-9).
Dr. Griffith concluded Claimant was malingering based upon his interview with Claimant and Claimant
‟s MMPI-2 results,particularly the fake bad scale, but acknowledged he was not an expert on
interpreting the fake bad scale. (EX-22, p. 9). He testified he was not aware that the „PK‟ scale
is called the Post-Traumatic Stress Disorder-Keen Scale, that scores in excess of 64 are
considered indicative of PTSD, and that Claimant scored a 70. (EX-22, p. 12). Dr. Griffith
administered no other tests other than the MMPI-2 to determine whether Claimant suffered from
PTSD. (EX-22, p. 16).
____________________________________________________________
LH_V_SERVICE_EMPLOYERS_IN _2008LDA00113 (DEC_04_2008)
Lee Romero relied on Rubenzer FB scale/ Griffith
Dr. John Dorland Griffith
Gary Pitts, James Azzarello for AIG
LH drove from Arkansas to see Griffith
You've got to read the rest on this one......
____________________________________________________________
KF_V_SERVICE_EMPLOYERS_IN _2008LDA00104_ (OCT_09_2008)_
Lee Romero
Kurt A Gronau, Jerry McKenney for AIG
2009:
_____________________________________________________________
GGW v CSA, LTD 2008 LDA 241 (16 January 2009)
Richard T. Stansell-Gamm Dr. John Dorland Griffith
Barry Lerner, John L Shouest
Note: Dr Griffith never saw this claimant, he is simply reviewing the records.
While Dr. Griffith focused principally on PTSD, I find his analysis and
conclusion that Mr. W.‟s stressor event was not a basis for a work disability to be sufficient
contrary evidence to rebut the Section 20(a) causation presumption in this case.
Based on a review of the record, Dr. Griffith had a sufficient documentary basis for his
opinion.
Dr. Griffith reasonably concluded that Mr. W. does not have PTSD.
GGW worked as a pest control specialist for CSA in Kuwait form August 2004 until August
2006. He supervised up to four other employees and worked six to seven days a week, 12
hours a day.
On May 1, 2006 GGW was assaulted by a co-worker, knocked to the floor, struck his head,
and suffered a deep thigh bruise. Believing his safety was at risk and concerned that he
would not get any support from his employer, GGW reported the assault to the military police.
His stress level increased and he received medical treatment for bouts of anxiety, nausea,
and gastrointestinal problems. His depression medication was also increased but he
decided to leave Kuwait because he could no longer tolerate the work environment due to
stress.
He was diagnosed by both his doctor and treating psychologist with PTSD and depression
(pre-existing condition under control with medication).
The judge sensibly found that the assault aggravated W. depression and anxiety issues, but
only awarded a measly disability for less than three months although the evidence clearly
shows that GGW’s physical and psychological symptoms only improved 18 months later. The
judge denied PTSD but illogically awarded psychological treatment received over a year
after the assault. He also denied treatment and medication for GGW’s aggravated
depression, despite extensively quoting the law that requires him to award disability:
A work-related aggravation of a pre-existing condition is also an injury under the Act.
Preziosi v. Controlled Indus., 22 BRBS 468 (1989).
To be a compensable injury under the Act, the employment-related injury need not be the sole
cause, or primary factor, in a disability. If an employment-related injury contributes to,
combines with, or aggravates a pre-existing or underlying condition, the entire disability is
compensable.
Strachan Shipping v. Nash, 782 F.2d 513 (5th Cir. 1986); Kooley v. Marine Indus. N. W., 22
BRBS 142 (1989). Thus, the term “injury” includes aggravation of a pre-existing, non-work-
related condition or the combination of work- and non-work-related conditions. Lopez v.
Southern Stevedores, 23 BRBS 295 (1990).
The judge’s befuddled reasoning stems primarily from his ignorance of depression
(episodes, condition fluctuates in severity) and PTSD, specifically delayed onset and that
symptoms may vary over time (DSM IV p. 426). In his defense, not a single doctor was
present at trial to enlighten him and explain their treatment notes. He even kept the record
open for 30 days to provide GGW’s lawyer an opportunity to present a response to Dr.
Griffith’s medical record review but the lawyer failed to submit any additional evidence.
DSM IV (page 426): Symptoms usually begin within the first 3 months after the trauma,
although there may be a delay of months, or even years, before symptoms appear.
Frequently, the disturbance initially meets the criteria for Acute Stress Disorder in the
immediate aftermath of the trauma. The progression of GGW’s PTSD thus fits the classic
timeline, and his refusal to return to Iraq is also typical had the judge bothered to read
Criterion (C1) and (C2): ‘The person commonly makes deliberate efforts to avoid thoughts,
feelings or conversations about the traumatic event; and to avoid activities, situations, or
people who arouse recollections of it.’
The decision in this case should be thrown out because Dr Griffith misrepresented his
credentials to the court. The judge wrote: “On August 8, 2008, Dr. Griffith, MD and university
associate professor of psychiatry, reviewed the records in Mr. W.’s case.”
Problem is that Dr Griffith testified on April 21, 2008 that he had retired from active practice
for the University of Texas in September 2007, two years before he reviewed GGW’s
records. He does not have hospital privileges anywhere; and does not have an actual
physical office where he evaluates patients. Dr Griffith did not tell the judge that he is no
expert in PTSD, doubts that PTSD is a valid condition, and that he ‘diagnosed’ all but one
(whom he could not name) of the 12 civilian contractors to be malingering. Hence, AIG failed
to rebut the Section 20(a) causation presumption of GW’s prima facie case for disability.
Griffith’s bias should have been evident from this blatant nonsense: “Fifth, an eminent
medical expert in PTSD has found little connection between PTSD and an inability to work.”
Wouldn’t it be poetic justice if he got in the way of a trucker suffering a flashback.
At trial, GW was asked why “Dr. DeRosales August 2006 treatment note which discusses his
carpal tunnel doesn’t mention his psychological problems.” The absurdity of expecting a
patient to explain his doctor’s treatment notes goes without saying. The judge ignores his
own summary of Dr. DeRosales treatment notes: On August 22, 2006, Mr. W. presented with
a history of depression. He was scheduled for carpal tunnel surgery and taking Lexapro. Dr.
DeRosales diagnosed bilateral carpal tunnel and depression treated with Lexapro. It is only
logical that the doctor would focus on major impending surgery, and since the assault took
place less than four months earlier, this does in any case not rule out delayed onset of PTSD
symptoms.
Another falsehood frequently peddled in these cases (and believed by some judges), is that
relationship problems cause PTSD symptoms although the exact opposite is true according
to the DSM IV, and is universally acknowledged as such: “irritability or outbursts of anger”;
“lead to marital conflict, divorce or loss of job”; “of feeling detached or estranged from other
people”; “markedly reduced ability to feel emotions especially those associated with
intimacy, tenderness, and sexuality”; etc.
MOST BIZZARE: Judge Stansell-Gamm: “Noting the commonality of Mr. W.’s assault, the
absence of a war-related trauma, and the lack of the requisite severe trauma necessary to
cause major, long lasting psychic damage, Dr. Griffith reasonably concluded that Mr. W.
does not have PTSD.”
[Note: The judge may be surprised to learn that it’s not common to engage in fisticuffs at the
workplace, that assault remains illegal. Makes one wonder what goes on in ALJ chambers.
Nowhere does the DSM-IV require that the trauma be war-related, In fact it specifically
identifies a physical attack as a valid stressor. Contrary to Dr Griffith’s assertion, about one-
third of PTSD cases do not resolve within one year even with treatment, and many last a
lifetime regardless of the ALJ’s preference.]
____________________________________________________________
Update: This decision was overturned by the BRB 09 0573
the administrative law judge was to assess the weight to be accorded to the medical
evidence of record, without substituting his judgment for that of the physicians.
TW v Service Employers INTL 2008-LDA-00331 (March 31 2009)
Paul Johnson Griffith credited Dr. John Dorland Griffith
Kurt A Gronau, Jerry R. McKenney for AIG
Note: Claimant lives in Cheboygan, Michigan, Dr Griffith is in Houston
TW worked in Iraq from February 2005 until May 2007 as labor foreman supervising third-party (non-
Iraqi and non-U.S.) nationals and drove trucks. He stayed at Camp Remagen for eight months where
he was exposed to occasional mortar attacks and small arms fire. He transferred to Camp Danger
for a year, the camp was subjected to mortar and rocket attacks on average three times a day.
TW was forcibly removed from Camp Warrior after telling his brother on the phone that he was going
to kill the camp manager who had made racial slurs, put him in danger by increasing his crew over 7
and denied him permission to see a military doctor.
He had called Employee Assistance Program four times for help, so that he would not in fact hurt the
camp manager, but the person he spoke with laughed at him.
In addition, TW witnessed three soldiers under mortar fire, resulting in the death of one soldier, the
immediate injury of the others, with one eventually dying. He also was part of the response in the
aftermath of a mortar attack that killed six third-country nationals, and he helped in the
cleanup of bodies.
TW had no psychiatric problems before going to Iraq. All of his four doctors diagnosed PTSD and
Major Depression Disorder, supported by the Millon Clinical MultiaxialInventory-III (“MCMI-III”) test
result. They include a clinical psychologist who treated TW for 24 sessions; aboard certified
psychiatrists; Dr Steven Reppuhn, Ph.D; an dhis board certified family physician.
But the judge denied his claim for one single dubious reason: “Because a reaction of intense fear,
horror, or helplessness is required for a finding of PTSD, and because that reaction is not present in
this case, Claimant has not established that he suffers from PTSD. The opinions of Drs.Marshall, Van
Holla, Reppuhn, and Oram do not establish the existence of PTSD because the credible, objective
evidence does not support their conclusions.”
The sheer arrogance of this judge impeaching the professional competence and integrity of four
qualified doctors without affording them the opportunity to explain and supplement their diagnosis is
beyond belief. Does he really think they did not consider a basic PTSD criterion before reaching their
diagnosis?
He even implies that Dr Marshall, a clinical psychologist who treated TW over 24 sessions, was lying
in his treatment notes: “He [TW] reports thinking about Iraq a lot. He has thoughts about gun fire,
incoming missiles, and fears of being hit by shrapnel”. Unless the judge read the full transcript of
these 24 therapy sessions, how does he presume to know everything that was said? “Although Dr.
Marshall states that Claimant felt intense fear or horror, there is nothing in Claimant’s statements to
him that supports that finding.”
Only the deceptive Dr John Dorland Griffith was credited, who claims TW told him the killing “didn’t
affect him”. “When asked specifically whether any incident caused him to feel horror, Claimant first
“blew up” at Dr. Griffith, and then said, “it didn’t affect him”.
Why so vague?
What exactly did TW say when he “blew up”?
Where is the audio/ video recording of the session?
The DSM-IV states: ‘or horror’, not ‘and horror’; why are we playing word games again?
Dr Griffith asked once about the killing, not about TW’s reaction to daily incoming mortar and small
arms fire. Its simply untrue for the judge to say TW “consistently stated hat exposure to mortar fire
and to the deaths of soldiers and other workers in Iraq did not affect him in anyway.”
Any rational, reasonable person would be afraid of random incoming rocket/ mortar fire three times a
day. TW testified he did not care if he lived or died; he began to cry at nighttime, felt very
unsupported by those that were former military; and carries the bullet that penetrated his pillow in a
necklace. LW never said that there was no incident that made him feel intense fear, helplessness, or
horror. In his deposition, he said he “thought about” the deaths he observed “for a little bit, but then it
went away.” He was not asked about his reaction to the consistent incoming mortar fire.
It’s puerile, a major leap in reasoning puerile to conclude that TW did not mention fear or horror to
three of his doctors just because they made no specific mention of such common-sense fact in their
treatment notes.
Basic due process demands that all witnesses have an equal opportunity to be heard.
But only AIG’s Dr Griffith testified at trial, could say whatever he pleased and none of the other four
doctors had a chance to rebut him. It is a common tactic to have claimants’ doctors prepare their
reports first and then allow the defense doctors to pick holes in it (however inaccurate) without an
opportunity to respond.
Similarly, the down-and-out civilian contractors can’t afford to pay their doctors to attend and testify at
trial while the insurance company, flush with bailout money, always dispatches their hired guns to
have the last word.
At least this judge did not fall for Dr Griffith’s routine attempts to minimize wartime exposure; but
nevertheless seized upon his sophistry concerning one PTSD criterion without having the medical
background to properly evaluate its significance for this complex diagnosis.
Judge Johnson inexplicably ignored the diagnosis of Major Depressive Disorder in his decision, and
made no mention of the MMPI-2 test result administered by Dr Griffith.
MOST BIZZARE:
The court reporter who recorded the formal hearing on October 14, 2008 disappeared, along with the
tapes of the hearing and no transcript was prepared.
[How convenient. Did TW perhaps say at the hearing that he was scared in Iraq?
Is the court reporter still missing?]
Judge: “It is significant as well that in testifying at his second deposition, Claimant addressed the
mortar attacks and the deaths he observed in a matter-of-fact way, with no evident emotional
response. Taken as a whole, therefore, the evidence shows that Claimant did not, in fact, react with
horror, intense fear, or helplessness to the incoming mortar
attacks or the deaths that he witnessed”
[Note: The whole point of 24 PTSD treatment sessions is desensitization by revisiting the trauma in a
controlled environment, to blunt the emotional response. The judge ignored the obvious fact that at
the time of his 2nd deposition TW was already home for 18 months and on Zoloft pills.
In addition, he was already forced to retell his trauma to at least five doctors; his lawyer; at two
depositions and trial. To expect him to have a breakdown after all this time is completely ridiculous,
especially when the judge cites PTSD Criterion C: “… and numbing of general responsiveness.”
This case is a prime example of an administrative law judge
cherry-picking and then distorting the evidence to support
his predetermined conclusion to deny.
____________________________________________________________________
JE_V_EGANDG_TECHNICAL_SER_ 2008LDA00326_ (APR_08_2009)
Rosenow (Griffith credited)
Dr. John Dorland Griffith
Gary Pitts Richard Garelick for AIG
JE was convinced to go see the Fab Four DME's doc's but why?
It's in the emails guys !!!
JE went to Iraq in July 2004 to work as diesel mechanic for EG&G in Baghdad, Mosul, Anaconda, and
Kirkuk. He frequently saw body parts in vehicles blown up by roadside bombs. He was at Mosul when
the mess hall was bombed, knew two of the guys who died and was heartbroken. His base was
frequently attacked with mortar shells and he was shot at.
In March 2005, JE was hit by a mortar round in Kirkuk and sustained severe internal and external
wounds. The blast threw him five feet in the air and knocked him out. He was evacuated to Germany,
had a number of surgeries and was sent home.
After a few months, he reported that he felt better and was cleared to return to work in Iraq. Shortly
after his return, the left side of his body went numb and he complained of the rapid onset of
significant neurological, digestive, and psychiatric problems that forced him to return home. He has
not worked since and is cared for by his 80-year old mother who was a nurse for 30 years.
Before going to Iraq, JE was outgoing, had no health problems, ran three miles every other day and
had never sought mental health care before.
In June 2008, AIG stopped paying disability and JE applied for 14 jobs as diesel mechanic, at
McDonalds and Burger King, even for a janitor position but was turned down because of his
disabilities, notably his limp due to residual shrapnel. They told him he is a high insurance risk now.
He most recently tried to go back to work with EG&G in June 2008. They said he had to be a 100% to
do his job as a diesel technician and they did not think he was a hundred percent capable. The
absurdity of this position was apparently lost on the judge who awarded limited treatment but denied
disability retrospectively, effectively leaving JE in massive debt to AIG without any hope for
treatment.
Although JE was diagnosed by four competent mental health professionals with PTSD, cognitive
deficit and post-concussion syndrome, the judge sided with the patently biased and false opinions of
two AIG doctors who claimed JE was malingering PTSD. The other two AIG doctors conceded
that JE had “some psychological problems”; “exhibited bizarre behavior” but opined that he was
exaggerating his physical symptoms.
The judge endorsed this brazen misquote of the DSM-IV by Dr. Bryan Drazner: “There must be
persistent re-experience with flashbacks and nightmares. These were not well established or
documented and not complained of at all to the physicians over the first several months. Claimant
never made a complaint to any of the physicians early on.” In fact, the DSM-IV says the exact
opposite (page 424): “
The traumatic event can be re experienced in various ways.
Commonly the person has recurrent and intrusive
recollections of the event (Criterion B1) or recurrent
distressing dreams during which the event is replayed
(Criterion B)”.
It is simply inexcusable for a judge hearing DBA cases after six years of war to be ignorant of the fact
that the onset of PTSD symptoms is delayed. His failure to read the six pages on PTSD in the DSM-IV
is at best dereliction of duty. The judge knew that Dr Drazner is not an expert in psychiatry or
psychology, but practices physical medicine and orthopedic rehabilitation.
Who but the thoroughly discredited Dr John Dorland Griffith (MG v SEI; AS v SEI) would show up for
his piece of the carnage, spewing his usual mix of claptrap and insults like:
“symptoms that he sees sometimes with people who are not very sophisticated” …
“had walked in with a Six-Million-Dollar-Man walk” …
“bizarre and silly presentation of symptoms”…
“the only people that have headaches in the top of their heads are his patients”…
“He's [JE] living with his eighty year old mother… He (Griffith) thought that was pretty strange as well”.
Dr Griffith administered the MMPI, had it scored by Pearsons, and the results suggest malingering or
symptom magnification.
[Note: Griffith is not qualified to administer the MMPI because he is a psychiatrist, not a clinical
psychologist, apart from the fact that he has no clue how to read the test results – see AS v SEI.
Pearsons (exclusive distributor) has an institutional commercial bias to score malingering.
Griffith claims the MMPI gave an invalid profile because the F was greater than 89. According to him,
that means Claimant was not truthful and there was no point in scoring the test.
This is false.
F scores approximating 100 or greater suggest an invalid profile.
JE’s score of 89 is an indicator of severe psychological disturbance.
According to the MMPI handbook (p.104), high F scores are more often associated with extreme
psychopathology than with test invalidity.
The judge is skeptical about the ‘subjective’ nature of JE’s symptoms, but is paradoxically impressed
with AIG doctors’ equally subjective observation and evaluation of JE’s reaction to pain as “atypical”.
Has it occurred to the judge that civilian doctors in Houston are highly unlikely to have seen a patient
before who was struck by a mortar shell? The army medic in Iraq diagnosed nerve damage
in his whole left side.
Judge: “Although the evidence does not support a finding Claimant cannot return to his original job
[Note: His former employer refused to take him back in June 2008 because he is“not 100%”],
it does support a finding that Claimant requires continuing follow-up care for his psychological and
intestinal condition and that such conditions could be a consequence of his 18 Mar 05 injury.”
“Claimant’s claim for disability compensation for the period subsequent to 9 Sep 05 is denied.” [Note:
the judge is not following the law: To establish a prima facie case of total disability, the claimant must
show that he is unable to return to his regular or usual employment due to his
work-related injury.]
MOST BIZZARE: Judge Rosenow:
“I did not find Mr. Gomilla’s findings or opinions to be as persuasive as
the fully developed rationale of the more extensively trained and credentialed Dr. Griffith.
The same is true of the brief notes of the various VA doctors who saw and treated Claimant.”
To suggest that three VA doctors know less about PTSD/ TBI than Dr Griffith because they are too
busy with real work to write up extensive reports is patently bizarre. The VA does not use the MMPI on
combat veterans because it does not precisely differentiate over-reporting from extreme distress
in that group.
This is what happens when judges without any medical background but lots of prejudice rule on
appearance rather than substance. AIG uses its financial clout to pay defense doctors as much as it
takes to write up a dissertation, even if it is dead wrong. Civilian doctors are not familiar with combat
trauma, physical or mental, and even the VA knows very little at this stage about traumatic brain
injury and nerve damage caused by HE explosives. Two treating doctors reported suicidal/ homicidal
ideation in this case, and the eventual outcome of this flawed ruling is entirely predictable.
Why are you driving him over the edge, Judge Rosenow, and make an 80-year old
lady pay a terrible price?
___________________________________________________________________
KC_V_SERVICE_EMPLOYERS_IN_ 2008LDA00244_ (FEB_02_2009)
Lee Romero Dr. John Dorland Griffith
Barry R Lerner, Jerry R McKenney for AIG
KC worked for SEI (KBR) as labor foreman at Base C-7 in Kirkuk from July 2006 to January 2008. He
supervised 30 to 50 men, traveled into the City of Kirkuk to pick up Iraqi workers and bring them back
onto base to clean latrines and showers for the troops. KC also cleaned recovered vehicles of body
fluids and the facilities at the flight line and hospital where troops were recovering from their injuries.
He worked seven days per week, 12 hours a day.
On the first of January 2008, KC was lifting boxes off of the back of a truck when a mortar explosion
blew him off the truck and he fractured his T-12 vertebra. The KBR Medical Clinic, however,
diagnosed him with a muscle strain, gave him Motrin and told him to apply ice to his back. Upon his
return to the United States, his family practitioner ordered a x-ray which revealed a compression
fracture at the T-12 intervertebral body.
On January 3, 2008, KC reported to the KBR Medical Clinic stating “he wanted to go home on
medical leave because he was extremely depressed, in a very dark place.” He was assessed as a
psychiatric emergency and voluntarily agreed to talk to the Army combat mental health clinic. He
would neither deny nor confirm if he felt suicidal or homicidal.
KBR determined that KC had a “non-occupational [how surprising!] medical condition which requires
a higher level of care.” His primary diagnosis was depression.
KC was transferred to the 85th Medical Detachment Combat Stress Clinic where an army psychiatrist,
MAJ Aramanda, diagnosed him with “experiencing an acute stress response to multiple events that
has a significant impact on his mood and functioning. The Medical Detachment put in paper work
for 30 days medical leave to the States for elevation and treatment.
Back home, he was diagnosed with severe PTSD by a psychiatrist who prescribed four medications
as he continuedto have nightmares about removing body debris from cars.
Although KC was in daily contact with AIG and his supervisors in Iraq, AIG never paid for his
treatment with Dr. Badea-Mic. Like a used, disposable Kleenex, KC was telephonically terminated by
Janet Little from SEI in March 2008 without any explanation. He never received any compensation
and has paid for his medications on his own although he cannot afford to do so.
Judge Romero: “Accordingly, I find and conclude that Claimant failed to establish by a
preponderance of theevidence that he suffered a work-related psychological injury
resulting in a post-traumatic stress disorder ordepressive disorder or any other
psychological injury whileemployed by Employer in Iraq.”
“Claimant’s testimony does not support any specific exposure to an extreme traumatic
stressor involving direct personal experience of an event that involved actual or
threatened death or serious injury or any other threat to his physical integrity.”
There are really no words to adequately describe this travesty; Judge Romero has simply abandoned
any pretense of rationality never mind objectivity. Being blown off a truck by a mortar blast in a war
zone and fracturing your spine is indisputably a serious actual injury and most certainly a threat -
even though Dr John Dorland Griffith, an armchair warrior who never experienced any combat, thinks
otherwise.
No psychological injury? Has he gone off his rocker? Even KBR admitted that KC was a “psychiatric
emergency” and sent him to an army psychiatrist who agreed. The judge has obviously not yet gotten
around to reading the DSM IV (page 426): ‘Frequently, the disturbance initially meets the criteria for
Acute Stress Disorder in the immediate aftermath of the trauma’; but is conceited enough to
deride MAJ Aramanda diagnosis as “… an unspecified “stress response” to unexplicated “multiple
events.”
Only a fool in his ivory tower would deny that supervising up to 50 occupied foreign nationals during
an insurgency is inherently life-threatening. Forgot that KC also burned his hair and arms from a
burning Humvee?
Dr. Griffith (who never examined KC) concluded that no tests or procedures were performed to rule
out symptom magnification or malingering which is required by the Diagnostic and Statistical Manual
of Mental Disorders, Fourth Edition, (DSM-IV). This is deceptive, a brazen misrepresentation of the
DSM-IV which only states:
‘Malingering should be ruled out in those situations in which financial remuneration, benefit eligibility,
and forensic determinations play a role.’
Nowhere does it require “tests or procedures” to be performed because they DO NOT EXIST
independently of a subjective clinical evaluation by a competent psychiatrist.
[Note: see the fake ‘Fake Bad Scale]
For Judge Romero to still credit the opinions of Dr Griffith over other qualified doctors
after being fully aware of his shocking incompetence and deceit revealed in prior
depositions (MG v SEI; KS v Kellog-Brown & Root) raises very serious questions about his
judicial integrity. He boasts the highest ratio of denied mental injury cases by far. His
blind faith in KBR records is downright suspect given their public record of bribery, war
profiteering, fraud and even covering up Hexavalent chromium contamination of their own
soldiers.
The judge’s rendition of the facts are couched in blatant bias, for example: “The mortar round landed
a good distance away and Claimant admitted he was not in harm’s way from the explosion, only the
concussion.” Anyone who watches the news knows by now that traumatic brain injury and PTSD are
the invisible signature wounds of the war. A judge adjudicating these types of cases must know by
now that blast waves cause severe brain damage even 100 yards away. Just use your google search
engine for the latest
authoritative science. And by the way, blast victims usually don’t remember much of what happened
before and after –
so forget about remembering the “reaction of horror and fear” in PTSD which in any case overlaps
with the TBI diagnosis.
Another example of dogma - Judge: “Contrary to Claimant’s testimony, the medical records of
Employer’s clinic reveal that Claimant reported to the clinic on January 3, 2008…” This is exactly what
KC said in his testimony, as reported by the judge – there is no “contrary” issue or discrepancy
involved at all; except that the judge works off a template that brands every PTSD claimant as
dishonest from the outset and searches for trivial “contradictions” to discredit mentally injured people.
It is patently unfair to penalize KC for what this judge perceives to be incomplete treatment records,
esp. when the doctors are not even asked or present at trial to explain their notes. It is disingenuous
to deny psychiatric injury when KC was ordered home because of this by both his employer and the
military; and subsequently properly diagnosed and treated for PTSD with his psychiatrist refusing to
authorize his return after 30 days.
Like it or not, Judge Romero, this is the law:
Disability is defined under the Act as an “incapacity to earn the wages which the employee was
receiving at the time of injury in the same or any other employment.” 33 U.S.C. § 902(10).
MOST BIZZARE: The entire absurd decision.
-------------------------------------------------------------------------------------------
PTSD Claims Awarded has it's own page here
4 PTSD Claims Partial Award – no compensation but medical treatment
RM v Service Employers International (17 August 2006)
Patrick Rosenow
Moreover, he conceded that he was able and wanted to participate in a rehabilitation and
education plan, which indicates that his PTSD was not debilitating. Consequently, I find that
his PTSD did not impact his capacity to return to work. Awarded Medical expenses related to
PTSD.
EM v DYNCORP (31 AUG 2007)
Janice Bullard
Claimant’s claim for benefits under the Act is DISMISSED as untimely
Modified 09 October 2007: Employer is responsible to pay all of Claimant’s expenses for
reasonable and necessary medical treatment related to the physical and psychological injuries
she sustained on April 17, 2004, pursuant to Section 7 of the Act.
TG_V_A_AND_L_UNDERGROUND__2008LDA00356_(APR_01_2009)
Linda Chapman:
PTSD/ depression dropped from Claim despite diagnosis in Stipulations
The parties have stipulated, and based on the record, I find as follows. There is no disability
due to the psychological problems, but there is a need for medical treatment.
RS_V_KBR_GOVERNMENT_OPERA_2008LDA00059_(AUG_26_2008)
Ralph Romano (Griffith) – only medical treatment for PTSD
Claimant has not established any extent of disability from either injury. Thus, I find that
Claimant is not entitled to compensation benefits under the Act
Settlements PTSD for less than AWW (incomplete):
WJ_V_SERVICE_EMPLOYERS_IN_2006LDA00036_(SEP_12_2007)
Stephen Purcell
Claimant’s Counsel specifically noted that his client was informed of the possibility that he
may have gotten a higher wage rate had this matter gone to trial but that due to his Post
Traumatic Stress Disorder, his client did not desire to go through a hearing and prefers instead
the certainty and expediency of the compromised resolution submitted in the stipulations.
Employer/Carrier shall pay to Claimant appropriate compensation benefits, noted above, at the
rate of $700.00 per week (based on an average weekly wage of $1,050.00).
Killer Robes
The administrative law trials of civilian war contractors with psychiatric injuries are reminiscent of the Salem witch trials 400 years ago.
Over half of the PTSD or mental injury cases arising from the Iraq and Afghanistan wars have been denied or inadequately awarded by
the Labor Department’s Administrative Law Judges in the 38 decisions issued since 2006.
No less that ten of the 17 denied cases involved insurance psychiatrist
Dr John Dorland Griffith, who doubts if PTSD is a valid condition.
Two judges are responsible for almost 60% of all denied claims.
Even more astonishing is the impossibly low number of PTSD claims filed.
At last count, there were 303 PTSD claims filed by civilian contractors who outnumber troops in the war zones, and have outnumbered
them for the last five years.
There have been roughly 500,000 + cases of PTSD reported among the soldiers.
The chilling effect of these vicious and often ludicrous court proceedings on claimants and their lawyers is undeniable.
The end result:
Thousands of people suffering from a potentially fatal mental disorder receive no treatment or compensation for PTSD.
The administrative law trials of civilian war contractors with psychiatric injuries are reminiscent of the Salem witch trials 400 years ago.
Over half of the PTSD or mental injury cases arising from the Iraq and Afghanistan wars have been denied or inadequately awarded by
the Labor Department’s Administrative Law Judges in the 38 decisions issued since 2006.
No less that ten of the 17 denied cases involved insurance psychiatrist
Dr John Dorland Griffith, who doubts if PTSD is a valid condition.
Two judges are responsible for almost 60% of all denied claims.
Even more astonishing is the impossibly low number of PTSD claims filed.
At last count, there were 303 PTSD claims filed by civilian contractors who outnumber troops in the war zones, and have outnumbered
them for the last five years.
There have been roughly 500,000 + cases of PTSD reported among the soldiers.
The chilling effect of these vicious and often ludicrous court proceedings on claimants and their lawyers is undeniable.
The end result:
Thousands of people suffering from a potentially fatal mental disorder receive no treatment or compensation for PTSD.
| AIG's Fab Four Defense Medical Examiners in Houston Dr John Dorland Griffith Dr JM Barrash Dr Bryan Drazner Dr JJ Twomey |
Welcome to the first episode of the DBA X Files
Unravelling the Mysteries of the abducted PTSD cases
Unravelling the Mysteries of the abducted PTSD cases
| Fact Check: On cross Dr. Griffith admitted (1) he told a reporter for the Los Angles Times he was not an expert on MMPI or PTSD since he had not authored articles on such (Id. at 49, 179-185); (2)he had treated a number of PTSD patients and attended numerous conferences and seminars on such (Id. at 75,76); (3) he had testified almost exclusively for the defense but received less than 10% of his income from such work AIG’s Dr John Griffith who admitted he has reviewed five to six cases for insurance carriers where he determined each of the claimants were malingerers. |
| Fact Check: Ever since the first PTSD cases up until this year, the judges (except Jennifer Gee) are still ignorant about the delayed onset of PTSD symptoms. Worse, they confuse PTSD symptoms with the immediate response of intense fear,helplessness and horror to the traumatic event. The DSM-4, the "bible" of psychiatry, could not be more clear on page 426: "Course: Post traumatic Stress Disorder can occur at any age, including childhood. Symptoms usually begin within the first 3 months after the trauma, although there may be a delay of months,or even years, before symptoms appear." |
| Fact check: : According to the nonpartisan RAND Corporation, approximately 300,000 Iraq and Afghanistan war veterans suffer from post-traumatic stress disorder or major depression, while another 320,000 have sustained a traumatic brain injury, physical brain damage often caused by roadside bombs and mortars. |
| The Fake Bad Scale Bullshit for Science Fortunately, the validity of the test has come under fire. A number of courts have thrown it out. That's the good news. The bad news is that untold numbers of people who have answered these questions honestly have ended up being labeled (and libeled) as "malingerers." Shame on the attorneys who rely on this phony science, and shame on the insurance carriers who retain them. And double shame to the originators of the MMPI, who have formally given their stamp of approval to this inept tool. To be sure, we all know that there are malingerers out there: but the "Fake Bad Scale" is no help whatsoever in singling them out. |
| “Just Iraq is a traumatic event.” Dr Emelio Cardona |
| Quotes by Griffith In his May 15, 2008 report, Dr. Griffith opined “Without a history of trauma, the diagnosis of PTSD cannot be made. When asked whether he doubted whether PTSD is a valid condition, he responded: “I have some doubts about it, especially some forms of it.” (EX-22, p. 51). 2008 LDA00002 “The diagnoses of PTSD is much in doubt. It’s never been validated scientifically, and there are numerous papers criticizing it. It might just be another Gulf War Sydrome.” Romero |
| DSM-IV The Diagnostic and Statistical Manual of Mental Disorders,Fourth Edition, Washington, D.C., American Psychiatric Association, 1994 (DSM-IV) describes the essential feature of PTSD as the “development of characteristic symptoms followingexposure to an extreme traumatic stressor involving direct personal experience of an event that involves actual or threatened death or serious injury, or other threat to one‟s physical integrity; or witnessing an event that involves death, injury, or a threat to the physical integrity of another person.” (Diagnostic Criteria for 309.81, PTSD, p. 424). Characteristic symptoms resulting from extreme trauma include persistent re- experiencing of the traumatic event, persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness, and persistent symptoms of increased arousal. Traumatic events that are experienced directly include, but are not limited to, military combat, violent personal assault, being kidnapped, being taken hostage, terrorist attack, torture, incarceration as a prisoner of war or in a concentration camp, natural or man made disasters, severe automobile accidents, or being diagnosed with a life-threatening illness. Witnessed events include, but are not limited to, observing the serious injury or unnatural death of another person due to violent assault, accident, war, or disaster or unexpectedly witnessing a dead body or body parts. Traumatic events can be re-experienced in various ways, commonly the person has recurrent and intrusive recollections of the event or recurrent distressing dreams during which the event is replayed. Stimuli associated with the trauma are persistently avoided. Id. A differential diagnosis requires that malingering be ruled out in those situations in which financial remunerations,benefits eligibility and forensic determinations play a role. Id., at 427. |
| In almost every case the defense makes the absurd claim that it was not really dangerous or life-threatening working in Iraq; that the trauma experienced or witnessed is either fabricated or exaggerated. FACT CHECK: DAILY CPA OPERATIONAL THREAT UPDATE: 24 JANUARY 2004 ASSESSMENT: Recent attacks and threat reporting streams indicate anti-coalition groups affiliated foreign fighters as well as local resistance groups in Iraq are becoming more sophisticated and may be coordinating their anti-coalition efforts, posing an even more significant threat to CPA and Coalition personnel. There has been an increase of attacks involving civilians/contractor personnel throughout Iraq; kidnapping, vehicle hijacking, and coordinated assaults with SAF and Explosive Devices. The preferred attack methods continue to be the utilization of SAF and RPG attacks, mortar attacks, and especially attacks which utilize command detonated IED's, daisy-chained together, buried or hidden along roads and highways. Recent attacks on air assets suggest that all type of aircraft; civilian-fixed wing and military, as well as rotary wing are seen as potential targets of opportunity. |
| Fact Check: These contractors were sent to see Dr. Griffith with the full consent of their very own attorneys who are supposed to be working in their best interest, not the insurance companies.. Most travelled from other states just to see Dr Griffith in Houston. |
“Something cruel, heartless and cynical took place in the back rooms of carriers with responsibility for civilian
claims. If you like Edgar Alan Poe, you’ll love the claims files of AIG and CNA. from Workmans Comp Insider
claims. If you like Edgar Alan Poe, you’ll love the claims files of AIG and CNA. from Workmans Comp Insider
| Assessing Combat Exposure and Post-Traumatic Stress Disorder in Troops and Estimating the Costs to Society Implications from the RAND Invisible Wounds of War Study report here |
| People suffering from PTSD have 15 times the normal rate of suicide attempts compared with the general population, and people with TBI have three to four times. read here |
The Defense Base Act covers the
following employment activities:
• Working for private employers on U.S.
military bases or on any lands used
by the U.S. for military purposes
outside of the United States,
including those in U.S. Territories and
possessions;
• Working on public work contracts with
any U.S. government agency, including
construction and service contracts in
connection with national defense or
with war activities outside the United
States;
• Working on contracts approved and
funded by the U.S. under the Foreign
Assistance Act, generally providing for
cash sale of military equipment,
materials, and services to its allies, if
the contract is performed outside of the
United States;
• Working for American employers
providing welfare or similar services
outside of the United States for the
benefit of the Armed Forces, e.g. the
USO.
If any one of the above criteria is
met, all employees engaged in
such employment, regardless of
nationality, are covered under the
Act.
following employment activities:
• Working for private employers on U.S.
military bases or on any lands used
by the U.S. for military purposes
outside of the United States,
including those in U.S. Territories and
possessions;
• Working on public work contracts with
any U.S. government agency, including
construction and service contracts in
connection with national defense or
with war activities outside the United
States;
• Working on contracts approved and
funded by the U.S. under the Foreign
Assistance Act, generally providing for
cash sale of military equipment,
materials, and services to its allies, if
the contract is performed outside of the
United States;
• Working for American employers
providing welfare or similar services
outside of the United States for the
benefit of the Armed Forces, e.g. the
USO.
If any one of the above criteria is
met, all employees engaged in
such employment, regardless of
nationality, are covered under the
Act.