Defense Base Act

The DBA is designed to provide medical treatment and compensation to employees of defense contractors injured in the scope and course of employment.

It is the employee's responsibility to file a claim form LS 203 with the Office of Workers' Compensation Programs (OWCP).

[4] For claims involving occupational injury, the deadline for filing is two years from the date the employee is aware of the connection between the illness and the employment.

Thereafter, if an injury is serious enough to prevent the employee from returning to work, the employer (or its insurer) must pay compensation to the injured worker.

Under Section 10 of the Act, the amount of compensation paid is generally calculated by taking an employee's wages from the year prior to the injury and dividing by 52.

§ 910 Sections (a) or (b) cannot be fairly applied, there are several alternatives such as taking a daily wage and multiplying it by the number of days per week ordinarily worked.

For example, if an injured worker fully recovers from an injury and can return to work, total disability benefits end.

Also, even if an injured worker cannot return to his regular job due to a physicians restrictions, compensation ends if the employer offers the employee suitable work.

If those jobs do not meet or exceed the injured worker's previously established AWW, the employer/carrier may have to pay either partial disability benefits or a "scheduled award," depending on the nature of the original injury.

For example, an injured worker with an arm injury who is at maximum medical improvement (MMI) with a 10% permanent impairment rating (and work is available) is entitled to a scheduled award—but no further disability benefits unless there is a change in condition.

However, a person with a back injury at MMI would still be entitled to total disability benefits if they can prove they made a diligent but unsuccessful attempt to find suitable work.

Entitlement and scope of medical treatment is described in Section 7 of the Longshore & Harbor Workers' Compensation Act (LHWCA),[8] That Section provides: (a) General requirement The employer shall furnish such medical, surgical, and other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus, for such period as the nature of the injury or the process of recovery may require.

The Secretary shall actively supervise the medical care rendered to injured employees, shall require periodic reports as to the medical care being rendered to injured employees, shall have authority to determine the necessity, character, and sufficiency of any medical aid furnished or to be furnished, and may, on his own initiative or at the request of the employer, order a change of physicians or hospitals when in his judgment such change is desirable or necessary in the interest of the employee or where the charges exceed those prevailing within the community for the same or similar services or exceed the provider's customary charges.

DBA attorneys are paid based on an hourly rate and level of success on behalf of their clients, and contingency fees are not permitted.

[11] Procedurally, after a hearing or lump sum settlement, if the injured worker prevails, their attorney submits a Fee Petition to the Department of Labor for approval.

These fees are also subject to approval of either the Administrative Law Judge or the District Director of the Office of Workers' Compensation Programs (OWCP).

The most significant amendments to the DBA were enacted in 1958 and extended coverage to non-citizens, to persons working on projects funded under the Mutual Security Act of 1954, and to persons working to provide morale and welfare services, such as through the United Service Organization (USO).

Defense Base Act (DBA) provides the equivalent of workers' compensation for civilian contractors working in contingency operations in overseas countries such as Iraq and Afghanistan.

:[18] "Four basic laws and their amendments define or influence the coverage required under the Defense Base Act as administered by the US Department of Labor.