Defense Base Act & Longshore Act Law

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You Should Add This to Your Checklist

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maximum medical improvement

Brian Wiklendt explains the term MMI and what Maximum Medical Improvement means in a Defense Base Act or a longshore case to clarify for clients

MMI or Maximum Medical Improvement scares people because they believe that they’re about to lose medical care. 

No, although insurers try to use MMI to cut benefits, what it means is that you’re done with surgeries with a particular doctor who basically says that they did all they can for you. 

Talk with a lawyer before you get scared and think you’ll be left to pay for your care. You’ll possibly be able to have other issues addressed by other doctors to continue treatment as long as is needed. 

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Why I Became a Lawyer

Hi I'm Brian Wiklendt an attorney with Garfinkel Schwartz. I’m here in our Maitland, Florida, office---that’s a suburb of Orlando. It’s Ju...

It’s a funny story actually. Defense Base Act attorney Brian Wiklendt has practiced law for almost 20 years. When he was in college he went to become a doctor. 

An uninspired biology class later, he pledged a fraternity. In the many pranks and nonsense-driven events of his freshman semester while pledging, Brian saw the power of the law in action. It made an impression upon him and he then switched majors and upon graduation from Emory University, he went to law school and never looked back. 

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What is a Functional Capacity Evaluation

What is a Functional Capacity Evaluation? and in the Defense Base Act context What is a Functional Capacity Evaluation it is an exam

Do what you can in this exam where you’re going through an exam with an insurance company doctor who will ask what you can and cannot do. 

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Today & Every Day Honor Those Who Serve

I work with amazing veterans from the Army, Air Force, Navy, Marines, Coast Guard and others who serve the U.S. military on bases, in wars, in danger zones around the world. 

I’m honored to help fight for our clients who need the law to protect and care for themselves and for their families after an injury or illness overseas. 

I wanted to take a moment on this Memorial Day holiday weekend to thank all of our troops and to thank those civilians who work and who sacrifice overseas in places around the world for all of us here in the U.S. 

Stay safe out there, be careful and celebrate responsibly. 

#HappyMemorialDay #MemorialDay2017

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Contractor World Conflict Update on Syria

Hi, I’m Brian Wiklendt coming to you from Garfinkel Schwartz in our Maitland Florida office. I'd like to give a Contractor World Conflict Update on Syria

Where Will Civilian Contractors Go Next?

Will civilian contractors be asked to go in 2017? Garfinkel Schwartz takes a look at the many countries where there are U.S. troops involved in world conflicts. 

From Syria to North Korea, North China Sea, East China Sea, Libya, Afghanistan Garfinkel Schwartz keeps up with the world’s conflicts so that updates and information can be available to contractors. 

If you’re a civilian contractor, no matter where you’re going in 2017, talk with a Defense Base Act lawyer. You should know the laws in those countries, but particularly be prepared in case of illness or injury in a conflict zone. 

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Know Before You Go

Garfinkel Schwartz lead counsel Attorney Brian Wiklendt gives an update on what contractors should know before they go to work overseas near South and East China Seas.

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Defense Base Act Law Mediation & Settlement

Maitland, Florida, and Cocoa Beach, Florida, attorney Brian Wiklendt of Garfinkel Schwartz walks you through an actual Defense Base Act Law Mediation & Settlement that Brian settled in early August 2016. 

The Defense Base Act law is federal so no matter where you live, if you’re an injured or sick civilian contractor, federal contractor, sub-contractor of the U.S. Government or the Department of Defense, you can choose your lawyer from any state. 

When you’re hurt overseas in a war zone from a truck or a helicopter, getting blown up in an IED, inhaling toxic fumes from sand storms and burn pits in Afghanistan, Iraq, Iran, Kuwait, Asia, Africa, Europe, Russia, Central or South America, you’re health care and compensation is covered by the DBA. 

This is true if you’re an employee of a U.S. military base anywhere in the world although you’d be covered under the Non-Appropriated Funds Act which is also a federal law. 

The laws were created to protect you wherever you work and the U.S. Government instituted the law to protect employees knowing that in a hot zone that there will be illnesses and injuries. 

The DBA covers people in other countries as well. You may not know that your employer was actually a contractor or a “sub” of the U.S. Government Department of Defense. Look into it and see who your employer is paid by overseas. 

You may work construction, technology, satellites, security, delivery, translation...there are hundreds of jobs that work for and alongside U.S. troops around the globe... if you are injured or get sick on the job, you get to: 

Choose your doctors Have all legal fees paid (you never pay a penny in ANY settlement or benefit) Receive compensation Receive health care  Garfinkel Schwartz also advances medical evaluations to prove that you have an illness or injury -- which is step No. 1

Watch the mediation that Brian held in early August in Orlando. The clients are not shown to protect their privacy. Any questions? Talk with Brian 24-7 by calling 800-393-2999. If he or Doreen don’t answer, just leave your contact information with the staff who answers. Brian calls back on weekends, after hours so that you can talk to someone about what happened to you. 

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Defense Base Act Law: 40 Years of Defense Base Act Law

Garfinkel Schwartz has helped civilian contractors and longshoremen around the world receive denied health claims and denied benefits since 1976. 

Insurance companies love to fight but we make it a fair fight. 

Don’t go after the Goliaths alone. Lawyer up and let them go to battle for you. Garfinkel Schwartz has helped one family, one person at a time for 40 years.

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What is a Mediation

Brian Wiklendt I’m lead counsel at Garfinkel Schwartz. I’m coming to you from our Maitland Florida office today to talk about what is a mediation in DBA law

What is a Mediation in a DBA Case? 

What is a mediation and how does it work? Should you go to trial? Can both sides iron out a settlement? When is a mediation possible? Defense Base Act attorney Brian Wiklendt talks about mediation in his experience as a Longshore and DBA lawyer for Garfinkel Schwartz in Florida. 

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What is a Functional Capacity Evaluation

What is a Functional Capacity Evaluation? and in the Defense Base Act context What is a Functional Capacity Evaluation it is an exam

A functional capacity evaluation is a medical exam that under the Defense Base Act you’ll have to submit to even though it’s performed by someone designated by the employer or insurance company. 

You’re showing what you can and can’t do and if you cannot do something that’s Ok. Be honest, be very clear in explaining what you can and cannot do. 

No one forces you to do anything and you should talk with your attorney before submitting to the exam. 

Insurance companies hire the best lawyers in the world and so should you. Consult with a DBA lawyer or Longshore lawyer who knows what they’re doing in this very specific area of law. 

Garfinkel Schwartz, Since 1976 helping one family, one person at a time.  

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Global Conflicts May Involve Civilian Contractors

The question, Which Global Conflicts May Involve Civilian Contractors comes to mind at Garfinkel Schwartz because it involves our clients

Civilian Contractors go to countries with military conflicts so we take a look at some of the world’s most active and dangerous current global conflicts.

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Lawyer Has to Fight for Your Case

Garfinkel Schwartz Attorney Brian Wiklendt says that your lawyer has to fight for your case. And what we do is fight for your case every step

Did you hire a fighter? Your DBA case may be a tough one. Maybe you’re being forced to prove that you have PTSD. Maybe your back surgery was turned down. Did your rehabilitation after extensive surgery get cut? 

No matter how hard, or how long it takes to prove your case Brian will work with you and for you keeping you informed about your case. 

We call you back and we give you straight answers. Our experience began in 1976 when we started to help longshoremen and civilian contractors denied their benefits. 

We know all the insurance company tricks because we’ve seen it all. If we don’t believe that your case is winnable, we’re not going to take your case. We have to believe in you and we’re clear with you from Day One on your first call. 

Garfinkel Schwartz has been helping one family at a time for 40 years. 

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Lawyer Has to Fight for Your Case

Garfinkel Schwartz Attorney Brian Wiklendt says that your lawyer has to fight for your case. And what we do is fight for your case every step

DBA cases, defense base act law cases, can be very difficult to prove and you’d better get an attorney who will fight for your case. 

Is your case winnable? Does your lawyer believe in the case? What will your lawyer do to fight for you and keep you informed along the way. 

Garfinkel Schwartz has been practicing Defense Base Act Law since 1976 and works with people who may have TBI, PTSD, who have been injured working overseas as a civilian contractor serving our country. 

Be sure to talk with Brian Wiklendt and find out more about what can be done for your case.  1-800-393-2999 answered 24 hours a day. Brian or Doreen will return your call as soon as they can to find out how you might be helped. 

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Garfinkel Schwartz has been committed to Helping One Family at a Time for 40 Years.

Garfinkel Schwartz represents a wide range of people who are covered by the protection of Defense Base Act law and Longshore and Harborworker Act law.

Clients have a range of terribly painful injuries, unknown illnesses that have occurred on the job whether on U.S. waterways or overseas working for defense contractors.

We will help anyone located across the United States who has worked anywhere in the world and who has lost medical compensation and care. We have offices in Maitland Florida and Cocoa Beach Florida but don’t let the distance from Florida concern you.

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Defense Base Act Law: DBA Lawyer Visits All His Clients

Brian Wiklendt with Garfinkel Schwartz. I just got back from out of town and I’m in my Maitland Florida slash Orlando Florida office.

This DBA lawyer visits all his clients because it's important to meet face to face. That's how I prefer to do business and sit down to talk to find out what happened to you. I'm there for the first meeting, depositions, mediation, labor market survey, all the steps that you need so that you're confident and comfortable and supported by your attorney. Those terms might be new to you, but they're everyday to me and I'll be there to walk you through the legal process and answer all your questions.

Contact Brian 24-7 at 800-393-2999. Garfinkel Schwartz is committed to helping one family at a time. 

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The Defense Base Act the insurance company has the right to do your deposition to take your deposition. I'm going to walk you through what happens

A deposition is a process where the opposition in a legal case is allowed to ask you questions about what occurred in a pending legal action, lawsuit.

This is not a process that a person should go through without legal representation. FYI: legal representation is of NO cost to you. The Department of Labor pays for your legal representation from start through the entire life of any Defense Base Act case for civilian contractors. 

If you were hurt overseas, for example blown up in an IED and severely injured, immediately get a DBA lawyer to help protect and secure your care and benefits.

DBA lawyers do NOT get any part of your benefits or your settlements. Attorneys are paid by the Department of Labor in accordance with the DBA law. 

In a Defense Base Act case, the insurance company and or the employer will depose you: it’s You do not want to sit alone vs. the opposing attorney in a deposition. You should be protected, prepared and represented by a skilled Defense Base Act attorney. 

Garfinkel Schwartz celebrates 40 years working with clients on Longshore Act and Defense Base Act law cases. Offices in Maitland, Florida, Cocoa Beach, Florida, with clients around the world on six continents.