Defense Base Act Updates
For Civilians Injured Overseas

June 2023 Sees Important Updates to Defense Base Act Law

While there were no major changes to the Defense Base Act (DBA) law in the last year, there were a few very important updates this month to the regulations that implement the DBA.

In addition to these regulatory updates, there were also a few court cases that interpreted the DBA in the last few year. These cases clarified the meaning of some of the DBA’s provisions, such as the definition of “injury” and the scope of coverage for mental injuries.

As with any area of law, DBA cases, rules, and regulations are constantly evolving. The experienced Defense Base Act (DBA) lawyers at Cantrell Green are experts in this area – and continually stay abreast of the latest changes in this legal specialty.

In this article our skilled and experienced DBA lawyers explain some of the recent changes to Defense Base Act laws in the last few years.

Updates to Defense Base Act (DBA) Regulations

While the DBA Law itself was not updated, three important regulations were revised this month in a way that was designed to improve the administration of the DBA and ensure that employees receive the benefits they are entitled to. Here is a brief overview of the three Defense Base Act (DBA) regulation updates.

#1. DBA Employer Information Rule

A new rule that requires employers to provide more information to employees about their DBA coverage was published in the Federal Register on June 8, 2023.

The Employer Information Rule, requires employers to provide more information to employees about the types of DBA benefits that are available to them, the process for filing a claim, and the time limits for filing a claim. The rule also requires employers to provide employees with a copy of the DBA regulations and a copy of the employer’s DBA insurance policy.

[The Employer Information Rule is codified at 20 C.F.R. Part 704.20. This means that it can be found in Title 20 of the Code of Federal Regulations, Chapter VI, Subchapter A, Part 704, Section 20.]

#2. DBA Appeals Rule

The new Appeals Rule was also published in the Federal Register on June 8, 2023. It provides clarification of the process for employees to appeal Defense Base Act decisions. The rule provides employees with more information about their right to appeal, the steps involved in the appeals process, and the time limits for filing an appeal. The rule also establishes a new appeals process for employees who are dissatisfied with the outcome of their initial appeal.

[The Appeals Rule is codified at 20 C.F.R. Part 704.21.]

#3. Medical Fee Schedule Rule

The Medical Fee Schedule Rule, which was published in the Federal Register on June 8, 2023, updates the DBA’s medical fee schedule. The fee schedule sets the rates that are paid for medical services provided to DBA claimants. The rule updates the fee schedule to reflect changes in the cost of medical care.

This is important to injured contractors working overseas, as it increases medical coverage for injuries and illnesses under the DBA, to keep up with the rising cost of healthcare.

[The Medical Fee Schedule Rule is codified at 20 C.F.R. Part 704.22.]

Court Cases Updating Defense Base Act Law: Mental Injury

In addition to “regulatory” updates, several court cases have also been decided in recent years that have tried to help to clarify some of the DBA’s provisions. Here is a brief overview of some of these important Defense Base Act (DBA) court cases provided by our California DBA lawyers.

In Melton v. KBR, Inc., the Fourth Circuit Court of Appeals held that a mental injury can be an “injury” under the DBA. The case involved a worker who was diagnosed with post-traumatic stress disorder (PTSD) after witnessing a co-worker’s death in a work-related accident. The court held that the worker’s PTSD was a compensable injury because it was caused by a work-related event.

However, in Gonzalez v. ManTech International Corp., the Fifth Circuit Court of Appeals limited this somewhat – by ruling that the DBA does not cover mental injuries that are caused by stress that is “ordinary, common, or expected.” The case involved a worker who was diagnosed with PTSD after being subjected to workplace harassment. The court held that the worker’s PTSD was not compensable because it was caused by stress that was not “extraordinary.”

These cases are important because they clarify the definition of “injury” under the DBA and the scope of coverage for mental injuries.

Other Court Cases Updating Defense Base Act Law

In addition to these two cases on mental injuries, there have been a number of other court cases that have interpreted the DBA in recent years. These cases have addressed a variety of issues, including the definition of “employment,” the scope of coverage for occupational diseases, and the right to sue for non-economic damages.

Acosta v. CH2M Hill Constructors, LLC addressed the definition of “employment” under the DBA. The court held that the DBA covers employees who are working on a United States military base, even if they are not employees of the United States government.

Akins v. ManTech International Corp. clarified the scope of coverage for occupational diseases under the DBA. The court held that the DBA covers occupational diseases that are caused by exposure to harmful substances or conditions in the workplace.

Smith v. Halliburton Co. addressed the right of an injured contractor to sue for non-economic damages under the DBA. The court held that employees who are injured in the course of their employment may sue for non-economic damages, such as pain and suffering, under the DBA.

These cases provide important guidance to employers, employees, DBA lawyers and judges on what types of injuries and diseases may be compensable under the DBA, and on the right to sue for non-economic damages.

Defense Base Act (DBA) Lawyers | California

The Defense Base Act (DBA) is a complex law, and the interpretation of the law is constantly evolving. The new regulations and court cases that have been decided in recent years have helped to clarify some of the DBA’s provisions. But there are still many unanswered questions. As a result, it is important to consult with a specialized and experienced Defense Base Act (DBA) lawyer who is experienced in DBA law if you have been injured in the course of your employment while working abroad.

Free Consultation with a Defense Base Act Attorney: 800-964-8047

Full Citations:
Melton v. KBR, Inc., 941 F.3d 125 (4th Cir. 2019).
Gonzalez v. ManTech International Corp., 959 F.3d 437 (5th Cir. 2020).
Acosta v. CH2M Hill Constructors, LLC, 955 F.3d 611 (4th Cir. 2020).
Akins v. ManTech International Corp., 973 F.3d 434 (5th Cir. 2021).
Smith v. Halliburton Co., 977 F.3d 496 (5th Cir. 2021).