Author Topic: Davis Bacon experts?  (Read 2548 times)

Son of Pappy

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Davis Bacon experts?
« on: March 07, 2012, 10:57:30 PM »
As some know I have been recovering from a back surgery in Oct.  I still have not met the demands of my job as an Arms Room Evaluator and weapons maintenance instructor.  Last year when the contract was announced we fell under the Davis/Bacon (D/B) act and the title we were gived was Technical Instructors.  Easy peasey, right?  That's what Metlife is saying, that I should/have been cleared for that vague job title, regadless of what it is I actually do they have decided that since I could do the job as described by D/B they have declined my Long Term disability claim.  I have been working with the adviser for almost 3 months working on getting everything they have asked for.  Today I was told that is just the way they have things and that I will not be paid.  I called work and informed them I will be showing up to work on Monday.  They asked if I was %100 capable, I answered, yes, based on D/B job description I am.  If anyone has used a MK19 Grenade Launcher or M2 .50 cal Machinegun realize just how heavy they are, and working with these weapons in a tigher than tight Arms Room makes thing even more difficult.  Then we have the physical act of charging the weapon un mounted, and seeing as a matter of course units tend to store their weapons dry makes these tasks even more difficult.  Bottom line is I will be unable to do my actual duties and responsibilties, but I will be able to do the job as descibed by the D/B act.

So, that laid out my problems and issues, I need someone with experience, personally or legally to offer me some sound advice.  I haven't been paid in over 2 months, thankfully I have a wife who loves saving money so I have not been in a bind due to the savings account, but I am tired of seeing it dwindle.  Should I get a lawyer (yuck)?  As of yesterday I was faced with the real prospect of losing my job, FMLA had run out in Jan. and the corporation extended me the courtesy of unpaid leave, to allow me the time to heal.  Things havent progressed to the point I can return to do the full aspect of my job.....
What would y'alls recomendations or suggestions be?  As it stands I will show up on Monday and do what I can do.

And to trump all that, my annual septic inspection revealed a few broken pipes and a switch that won't disengage when it is supposed to, there I was, standing ankle deep in my own effluent having just learned I was a kept man for the last coupla months, I didn't have the proverbial pot to Pee in, but I did have a hole full of pee and I was getting it splashed all over me >:(


PS, please keep them prayers coming for Pappy, I need all the spiritual help I can get.  Throw in some for my wife, Mona, she has been diagnosed with COPD.  Heck, I wouldnt object to a prayer for myself, I'm an emotional wreck.

A big thanks in advance to all, be it advice, prayers, or something that makes me smile, if ZG loaned me his bike for a day I could do a rattle can power adder ;D

Offline Boomer343

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Re: Davis Bacon experts?
« Reply #1 on: March 08, 2012, 12:45:27 AM »
You will need to get a lawyer involved. Someone who specializes in disability claims. When I sat as a rep on a benifits committee if I got a call about someone going onto or even looking at the possibility LTD I referred them to a lawyer. Filling in those forms is a minefield and a mind consumed in pain or pain killers is going to miss crossing a T or asuming that a question refers to one thing when it actually asks about another.

The insurance companies are there to keep their stock holders money.

You should get the personel office involved and find out the appeal process....there is one.

Do what you must, being a brave tough guy who does the right thing will mean you will come out the loser financially.

Document, document, document, send registered letters.

And lastly don't do anything like returning to work until you have spoken to a lawyer.....

Take care and give your wife a hug.

 

Offline Bosco

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Re: Davis Bacon experts?
« Reply #2 on: March 08, 2012, 05:34:32 AM »
I agree completely. Before Monday talk to a lawyer, and one that specializes is disability type claims. I don't know where you live, other than the PNW, but there are two large metro areas up there and you should be able to get an appointment with one today or tomorrow.

It could be important, as showing up for work in your current condition may forfeit some of your rights.
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Offline ZG

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Re: Davis Bacon experts?
« Reply #3 on: March 08, 2012, 03:54:52 PM »
if ZG loaned me his bike for a day I could do a rattle can power adder ;D

 :yikes:
 
Well, if that's what it takes to make you feel better SoP, then you should rattle can yours black!  ;D
 
I hope things take a turn for the better soon bro, I'll make sure to say some prayers for ya, hang in there!  :grouphug:

Offline sherob

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Re: Davis Bacon experts?
« Reply #4 on: March 08, 2012, 04:08:06 PM »
Don't forget the military aspect of this too.  Civilian rules may not apply here, so if looking at an attorney, make sure he has some military justice training too or background... just as a heads up.
Rob
Brighton, CO... missing Texas!

Offline connie1

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Re: Davis Bacon experts?
« Reply #5 on: March 08, 2012, 04:57:03 PM »
I have no advice to give you so I offer my prayers to you and your wife.  Everything will work out.

Like Boomer stated...Insurance companies are only interested in ensuring their own bottom line... sometimes they need to be convinced otherwise.
Man do I love this bike! Red '09

Offline stevewfl

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Re: Davis Bacon experts?
« Reply #6 on: March 09, 2012, 02:33:43 PM »

PS, please keep them prayers coming for Pappy, I need all the spiritual help I can get.  Throw in some for my wife, Mona, she has been diagnosed with COPD.  Heck, I wouldnt object to a prayer for myself, I'm an emotional wreck.

A big thanks in advance to all, be it advice, prayers, or something that makes me smile, if ZG loaned me his bike for a day I could do a rattle can power adder ;D

You and you family are in my prayers my friend.
“The World is a book, and those who do not travel read only a page.” St. Augustine

Son of Pappy

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Re: Davis Bacon experts?
« Reply #7 on: March 10, 2012, 02:05:31 AM »
First off, thanks for the prayers, they are always welcome.
I have finally got corp involved and it seems the insurance company saw the light.  I will get all the back pay so that is a good thing.  I will be starting work on a part time basis and to the limits set by PT.  Over time I should be able to return to work full time.

The power of prayer is mindblowing at times.  I went from no insurance, no job and a really ticked off outlook, to most all is OK in the world.  I'm in high hopes that some of that magic works for my wife, I'd sure like to grow old with her.

Offline cmoore

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Re: Davis Bacon experts?
« Reply #8 on: March 10, 2012, 04:15:30 AM »
I'm glad things are looking better for you. Filing lawsuits and litigating an LTD claim is no fun at all. I used to handle med mal claims for Doctors. Even when we won we lost. The time, money and uncertainty of litigation will bring anybody to their knees.
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Offline Strawboss

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Re: Davis Bacon experts?
« Reply #9 on: March 10, 2012, 12:13:08 PM »
Thats great news. I'm not much of a prayer dude, but many here are in my thoughts, you included. Support at home from family helps more than is talked about anywhere. That support and love and understanding helps you weather things you'd never thought possible until it actually happens. These days, someone like that is truly rare. Do something nice together soon, dinner, movie, even a note or a potted plant to brighten the kitchen windowsill goes a long ways to say "thanks for being who you are and there when I needed you most". Good luck, keep us posted.
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Son of Pappy

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Re: Davis Bacon experts?
« Reply #10 on: March 15, 2012, 07:22:01 PM »
Well, the proverbial check is in the mail.  I'll be using the money to build a "Shed" on the retirement property, it will be a 2 story affair so we will have a comfy place to stay until the cabin is done.  My wife (Mona BTW) loves it up there and she finds the lack of city noise relaxing and no phone, net, or any other 'lectronic distractions lowers her stress.  And we wont even compare how much cleaner the air is.

Faith is a great thing and I have faith in people who have faith in life.  A prayer is a though and a request of some sort, some call to a Lord and others call to a spirit, but the bottom line is the unselfishness to take a moment of time, time that can never be repaid, and think good thoughts for others.

Thanks again, be well,

Chet