Case Summary & Strategic Win
- The Challenge: A former international employee filed a stale overseas injury claim under the Defense Base Act (DBA), creating financial exposure for a federal contractor operating abroad.
- The Strategy: RLG Law Associate Daniel H. Davies executed a targeted construction and administrative law investigation, uncovering a critical Department of Labor (DOL) approved blanket waiver specific to the host nation.
- The Result: RLG Law successfully demonstrated a total lack of subject-matter jurisdiction, forcing opposing counsel to dismiss the matter before a contested merits hearing ever took place—saving the client massive litigation costs.
The Background: Navigating Claims on Overseas Government Contracts
The matter arose from an administrative claim filed by a former employee of an RLG Law client, an international defense contractor, who alleged that he was injured while working abroad and sought benefits under the Defense Base Act, an extension of the Longshore and Harbor Workers’ Compensation Act. The client was executing a federal government contract in Qatar. Reflecting the complexities often found in international construction law, the claim was referred for a formal hearing before the Office of Administrative Law Judges, with issues identified for hearing including employment relationship, injury, jurisdiction, average weekly wage, disability benefits, and medical coverage.
The Strategy: Targeted Jurisdictional Investigation
After being retained, RLG Law conducted a targeted investigation into the jurisdictional basis for the claim. Led by Daniel H. Davies as the handling attorney, that investigation included pursuing documentation from the U.S. Department of Labor’s Office of Workers’ Compensation Programs concerning the applicable Defense Base Act waiver and locating evidence of local workers’ compensation coverage in the host nation of Qatar.
The Pivot: Forcing a Dismissal Before Trial
RLG Law then presented opposing counsel with the dispositive evidence, specifically a Department of Labor approved blanket waiver of Defense Base Act coverage for non-U.S. host-country and third country-national contractor employees working on U.S. Army Corps of Engineers contracts in Qatar, together with documentation showing that the client-maintained workers’ compensation coverage through a local workers’ compensation insurance provider for the relevant workforce, including the claimant.
Based on that record, RLG Law demanded withdrawal of the claim, identifying that the Department of Labor lacked subject-matter jurisdiction over the Defense Base Act claim.
The Outcome: Protecting Defense Contractors Globally
Following that demand, opposing counsel moved to dismiss the matter, achieving the client’s goals without the need for a contested merits hearing. The outcome avoided continued litigation over a stale overseas injury claim and protected the client from exposure in a forum that lacked jurisdiction under the applicable Defense Base Act waiver framework. For defense contractors and firms navigating complex construction litigation, this victory highlights the power of early jurisdictional analysis.
Reference Materials & Public Frameworks
To assist government contractors, construction firms, and corporate counsel in auditing their own international risk profiles, the following official administrative resources and standard frameworks may be referenced:
- OALJ Standard Hearing Forms Library: The central Department of Labor repository for standard administrative dockets, subpoenas, and LHWCA prehearing statements.
- Mandatory Attorney Notice of Appearance Form [PDF]: The official OALJ appearance framework required under 29 C.F.R. § 18.22(a) for counsel handling federal administrative defense matters.
- Department of Labor E-File & Serve (EFS) Portal: The primary digital filing gateway used by RLG Law to manage active OALJ pleadings, motions, and evidence submissions.
Need an audit of your international workforce agreements, construction contracts, or active Department of Labor risk exposure? Contact Daniel H. Davies at RLG Law to ensure your corporate frameworks are completely protected.
Email : ddavies@rlg.law
Phone : 703-579-9044
Tags: Construction Litigation | Government Contracts | Risk Management
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute formal legal advice or the formation of an attorney-client relationship.
