In regard to an example of a case of delay and neglect by the insurance company when the civilian contractor gets
home, you should talk with my client, He who was a convoy commander injured in Iraq. He was delayed by the
insurance company for a surgery he needed for almost a year, for no apparent reason but insurance company
neglect, for which there is no legal repercussion or remedy. During this time he was in excruciating pain, to the point of
loss of control of his bladder, and to the point of despair. You should ask Blank about clients case, and the extent of
his despair, pain and suicidal ideation during this time. HE wrote to everybody in the government, the Vice-President,
Senators, Congressmen, all of which was an exercise in futility, as I advised him it probably would be. You might want
to see some of his letters to them though. He seriously expressed to me that he would have been better off having
been captured by the terrorists than have to go through what he did with the insurance company.
The time line re contractor injury is:
2/2/06 - Injury in Iraq
4/7/06 - MRI done showing spinal injuries
6/16/06 - lumbar mylogram and CT Scan done
6/27/06 - Clients Dr. requests approval for surgery
7/18/06 - Clients Dr., Dr. Torres, wants to do surgery on 8/14/06, but has not yet gotten approval from the ins. adjuster.
7/24/06 - Adjuster lets Dr. Torres, know they will make their mind on the surgery "soon."
7/28/06 - left message with insurance company. attorney for the insurance co. about the adjuster needing to talk to the
Dr. about approving the surgery set for 8/14/06. No response.
8/1/06 - Left another message with opposing counsel ("opposing . counsel .") re above.
8/2/06 - Talk with opposing counsel. - He is not sure if they have all the information they need.
8/2/06 - I send opposing counsel. information about the Dr. requesting the surgery
8/3/06 - Client gets blood tests in prep. for 8/14/06 surgery
8/8/06 - Ins. company. denies approval of surgery
8/17/06 - Conference opposing counsel. He will check on status of the surgery
8/18/06 - In person conference with opposing counsel. He is waiting on the adjuster's answer.
8/22/06 - Conference, Client, He is bad off physically. His loss of bladder control is worse.
8/22/06 - I request an informal conference with the U.S. Dept. of Labor on issue of approval of the surgery.
9/1/06 - Left message for op.co.
9/18/06 - Conference opposing counsel. The insurance company wants my client to be seen by a Dr. of their choice
on whether they will approve surgery.
9/19/06 Informal conference with the U.S. Dept. of Labor on the sole issue of getting approval for the surgery.
Opposing counsel says that insurance company wants their Dr. to see my client before they will approve. If there is a
conflict between the doctors, the Dept. of Labor will appoint tie-breaking doctor. Insurance company promises to set
up an appointment within 10 days, a report within 5 days, hopefully by 10/1/06 there will be a report from ins. co. Dr.
10/2/06 - Conference. Client. No insurance company Dr. appointment yet
10/3/06 - Conference opposing secretary re above, and that My clients friend, has come to my office and is
concerned that my client is suicidal.
10/3/06 - Conference opposing counsel. Dr. Martin Barrash will be the ins. co. evaluating Dr.
10/5/06 - Conference opposing counsel. They are trying to set up an appointment with Dr. Batrrash
10/5/06 - Conference opposing counsel - Dr. Barrash appointment on 10/11/06
10/11/06 - Insurance company. Dr., Dr. Barrash, sees my client, and agrees that he needs surgery, a microdiscectomy
10/24/06 - Left message for opposing counsel office that we would like a copy of Dr. Barrash's report
11/2/06 - Conference opposing counsel's paralegal asking for copy of Dr. Barrash's report
11/2/06 - Conference opposing counsel. He says that ins. co. Dr. says that my client needs surgery.
11/13/06 - Conference opposing counsel's paralegal. She says they will send me Dr. Barrash's report, and they finally
11/29/06 - Conference opposing counsel. He will be seeing the adjuster today and will ask about getting approval of
12/1/06 - Clients Dr. has not gotten approval. Client decides to go to the insurance company Dr. and see if he can
help move things.
12/4/06 - Clients Dr. decides he will not do a microdiscectomy, even if it is approved, since he thinks another kind of
surgery is needed. My client goes to see Dr. Barrash to see who he would recommend to do a microdiscectomy, if he
himself will not do it.
12/5&6/06 - Insurance company. Dr., Dr. Barrash, is not available to see my client, but recommends my client use Dr.
Mims for the surgery.
12/14/06 - Conference opposing counsel. re above
12/18/06 - I write to the Dept. of Labor about the insurance company not approving or helping coordinate the surgery
that their Dr. recommended, with a copy to op. co.
12/28/06 - Insurance company not responding to Dr. Mims' request for approval to treat my client.
12/28/06 - I write to the Dept. of Labor again that the insurance company is ignoring their own Dr.'s
recommendation that surgery be done, with a copy to opposing counsel and I ask that the case be set for trial on the
12/29/06 - Conference opposing counsel. - He says that he will talk to the adjuster to talk to Dr. Mims' office
1/3/07- My client calls and says Dr. Mims is still waiting to hear from the insurance company.
1/3/07 - Left message for opposing counsel. re above.
1/11/07 - Client calls and says Dr. Mims' office has still not heard from the insurance company.
1/11/07 - The U.S. Dept. of Labor sends a letter noting that the insurance company Dr. agreed on 10/11 & 13/06 that
surgery is needed, and that the insurance company should provide reasonable and necessary medical care.
1/29/07 - Client says Dr. Mims office has still not heard anything from the insurance company.
1/31/07 - My clients case is referred by the U.S. Dept. of Labor to the Office of Administrative Law Judges to be set for
trial, as I requested, on the issue of approval of my clients surgery.
2/3/07 - CLIENT gives up on the insurance company approving the doctor (Dr. Mims) that the insurance company
doctor (Dr. Barrash) had recommended. Clients gets a recommendation from Dr. Torres to go to Dr. Ngu
2/9/07 -Client goes to see Dr. Ngu, who the insurance company approves seeing him
5/2/07 - Trial setting with the U.S. Administrative Law Judge on the issue of approval of surgery. Both sides ask for a
brief continuance since the surgery is now finally pending in 2 & 1/2 weeks.
5/23/07 - Surgery performed.
Yesterday, I recommended to an ex-Marine Captain, that has been working as a civilian contractor in Iraq, that he
contact you on the issue of the civilian contractors being unarmed. He has lost twenty something people over time, and
was recently shot himself, and is home recovering. His group in Iraq is in ongoing great danger being unarmed and
they are not being protected by the military. I thought his perspective might be of interest to you. If he contacts you,
please forward me his telephone number, which I did not get from him yesterday. I need to talk with him further also on
the workers' compensation end of things.