[net-gold] [Workers' Compensation] National Guard Veterans Allowed to Proceed Against KBR

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
  • To: Other Net-Gold Lists -- Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx, NetGold <netgold@xxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Health Lists -- Health Diet Fitness Recreation Sports Tourism <healthrecsport@xxxxxxxxxxxxxxxx>, Health Diet Fitness Recreation Sports <healthrecsport@xxxxxxxxxxxxxxx>, HEALTH-RECREATION-SPORTS-TOURISM@xxxxxxxxxxxxxxxxxxx
  • Date: Fri, 3 Sep 2010 16:23:45 -0400 (EDT)




.



Date: Fri, 3 Sep 2010 05:09:51 -0700 (PDT)
From: Jon L. Gelman <jon@xxxxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: net-gold@xxxxxxxxxxxxxxx
Subject: [Net-Gold] [Workers' Compensation] National Guard Veterans Allowed to
    Proceed Against KBR





.

[Workers' Compensation]
National Guard Veterans Allowed
to Proceed Against KBR

A US District Court Judge in Oregon
has ruled that national guard
veterans will be allowed to proceed
in a suit against KBR (Kellog Brown
and Root) for their exposure exposure
to sodium dichromate and resultant
hexavalent chromium poisoning while
stationed as Oregon National
Guardsmen in Iraq andassigned to duty
at the Qarmat Ali water plant in
2003. The soldiers allege serious
injuries and adverse health effects
because of their exposure to sodium
dischromate at the Qarmat Ali plant.

KBR entered into a contract with the
US Military to provide logistical
support during the Iraq conflict.
The injured soldiers alleged that KRB
was negligent and committed fraud in
connection with the provision of
services under the contract.

In Court permitted the claim to go
forward against KBR for the
soldiers, "...exposure to sodium
dichromate and resultant hexavalent
chromium poisoning while stationed
as Oregon National Guardsmen in Iraq
and assigned to duty at the Qarmat
Ali water plant in 2003 [for the
failure of KBR to take] precautions
to safeguard personnel who might
potentially be exposed to
environmental hazards at worksites,
including the wearing of protective
gear and/or the closing down of
operations at any unsafe site."

The Court held,"Defendants here
assert that their "provision of
engineering and logistical support
services at Qarmat Ali" took place
pursuant to the specifications of
a contract with the government,
and that they did not exceed their
authority under those specifications.
On this basis, defendants argue that
they were merely "executing the will
of the United States" and are
entitled to the benefits of
derivative sovereign immunity.
The evidentiary record belies both
of defendants' assertions."

A lawsuit is currently pending against
Kellog Brown & Root (KBR) and
Halliburton on behalf of soldiers who
were exposed to burn pits in Iraq
and Afghanistan.

Click here to read more about burn pit claims
for benefits and lawsuits.
Call Jon L. Gelman at 973.696.7900 or e-mail
jon@xxxxxxxxxxx

.

Related articlesDavid Isenberg: KBR:
Private Military Cancer (PMC)
Provider? Part II (huffingtonpost.com)
Oregon Veterans Suit Against KBR
Can Continue (abcnews.go.com)
David Isenberg: Veterans 1, KBR 0
(huffingtonpost.com) Poisoned By
Burning Trash Army Shifts Treatment of
Ill Burn Pit Soldiers Diagnosed with
Constrictive Brochiolitis

--

Posted By Jon L. Gelman
to Workers' Compensation
at 9/03/2010 08:09:00 AM

.



Other related posts:

  • » [net-gold] [Workers' Compensation] National Guard Veterans Allowed to Proceed Against KBR - David P. Dillard