BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith

Posted by defensebaseactcomp on October 27, 2010

“Rather, 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”

Congratulations to Claimants Attorney
Ralph R.  Lorberbaum
Zipperer, Lorberbaum & Beauvais
Savannah, Georgia
on a job  well done.
(Sorry he does not remember doing it)

 

TW v SEI

BRB Decision 09-0573

The Benefit Review Board has overturned the ALJ’s denial of benefits in a noteworthy decision that mirrored many of the arguments made in an earlier analysis on the DBA X-files. The decision also reflects a deeper understanding of war-related trauma absent in the Board’s earlier decisions. Better late than never, although this is of little consolation to those who had to pave the way.

 

1.  In this  regard, it is undisputed that all of the physicians of record diagnosed claimant  with some sort of psychological disorder. Specifically, Drs. van Holla, Reppuhn,  Oram and Marshall all diagnosed claimant with PTSD. In addition,  Drs. Marshall, Oram, and Reppuhn diagnosed claimant with depression. These are  clinical, Axis I, disorders that may respond to medication.

Dr. Griffith, employer’s expert, diagnosed claimant with  “personality disorder, not otherwise stated,” which is an Axis II disorder, and  malingering. Thus, while Dr. Griffith stated claimant does not have  PTSD or depression, his diagnosis of a personality disorder may support a  finding that claimant established a harm for purposes of Section 20(a), 33  U.S.C. §920(a). See generally Wheatley v. Adler, 407 F.2d 307, 313 (D.C. Cir. 1968)  (en banc) (a harm  occurs when “something unexpectedly goes wrong within the human  frame”).

[Goes without saying that Dr Griffith also “diagnosed” TW with  malingering (Ed)]

2. The Board’s decision in S.K. [Kamal] v. ITT Industries, Inc., 43 BRBS 78  (2009), is instructive in this regard. In Kamal, the employer contended that, as no doctor had  diagnosed the claimant with PTSD or other psychological condition in a manner  consistent with the criteria set forth in the DSM-IV, the claimant did not  suffer a psychological harm sufficient to invoke the Section 20(a) presumption.  The Board rejected the employer’s contention, stating first that the Act  does not require use of the DSM-IV in assessing whether a claimant has suffered  a psychological harm. Id. at  79-80.

Rather, 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.

Special Thanks to X Files crew at American Contractors in Iraq and Afghanistan

 

See also Dr John Dorland Griffith Exposed

One thought on “BRB Overturn’s X Files Case ALJ Paul C Johnson and Dr John Dorland Griffith

  1. 1.
    David Meredith Jr. said
    October 27, 2010 at 7:01 pm
    What about other cases where Dr. Griffith testified and did more damage to the clamients. Is anything going to be done in all the cases where this so called doctor provided testimony that was found “credible” by Kennington and Romero?

    Reply

    defensebaseactcomp said
    October 27, 2010 at 9:37 pm
    We are working on that.
    Any claims he was DME on that were lost or only partially awarded should automatically be reopened.

    Reply

    daffodils said
    October 28, 2010 at 11:18 pm
    Dave, we all know that what happened to you was one of the most egregious miscarriages of justice ever recorded in this whole corrupt DBA mess, second only to the Thompson and Spillers and JE case.
    Truth is that we at DBA X-files are NOT working on your case other than raising general awareness.
    You, and you alone as the injured party, has to raise hell with the courts; your district attorney, the inspector generals of labor and justice and defense; and the press although we know they are useless; and get a new lawyers because you ARE entitled to equal justice under the law.

    Your case is virtually identical to the majority of PTSD claims awarded this year, although you were subjected to a much more brutal original trauma, and had much higher qualified doctors testify on your behalf. But you had the misfortune of being third in line in the entire war with the worst judge of them all after Talbot, Eysselinck and at the same time as Thompson.
    The DOL cannot possibly claim that because it took their obtuse and biased judges over six year to wake up to the fact that PTSD is real and taken seriously by the military to deny you DBA and more important clear your name which was unjustly sullied by Dr Death, alias John Dorland Griffith, in concert with the hanging judge Clement Kennington.

    You have the incriminating emails between Rubenzer and Griffith mentioning you by name, why don’t you use them??

    Reply

    David Meredith Jr. said
    November 2, 2010 at 8:26 pm
    No on can/or will provide me with the email. ; I am still maintaining on medication, cannot drive a truck anymore and have had to take a much lower paying job. Dr. Griffith called me a malinger when I have worked since I returned. I tried to go back to driving until I pulled over and put a knife to my throat because I knew I couldn’t keep driving. I make 1,400 a month now, WORKING. I have never been a malinger, but I can’t make a decent living at my previous trade, driving OTR. I have made my family suffer with me, what about them? I feel like a failure, why, because that is what Dr. Griffith said I was and I believed him. David Meredith Jr.

    Reply

    daffodils said
    November 3, 2010 at 7:23 pm
    Dave, you obviously missed this post on what one judge had to say about Griffith, nowadays even the likes of Romero are recanting, just read and stop blaming yourself.

    http://defensebaseactcomp.wordpress.com/2010/06/29/dr-john-dorland-griffith-exposed-publicly-finally/

    Check your mail. I truly admire you, you kept on trying against all the odds when others with the same condition gave up, not that I blame them at all.

    Reply

    David Meredith said
    July 5, 2011 at 5:02 pm
    Any news on DOL reviewing cases that Dr. Griffith testified in? My case is in Modification 22 status. Just need an attorney willing to present evidence about Dr. Griffith. David Meredith

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