Your DBA Claim Was Denied. Now What?
You represent a contractor who was injured in Kuwait. The carrier denied the claim, citing insufficient medical evidence. Your client is frustrated, and you need to move fast. The next step is not a courtroom. It is an OWCP informal conference.
Most DBA practitioners encounter informal conferences early in their careers, but few prepare for them with the same rigor they bring to a formal hearing. That is a mistake. The informal conference is where the OWCP claims examiner forms an initial recommendation. That recommendation carries weight through every subsequent stage of the case.
The informal conference process exists under the Longshore and Harbor Workers' Compensation Act (LHWCA), which the Defense Base Act incorporates by reference. Under 33 U.S.C. 919(d), the OWCP district director has authority to hold informal conferences to attempt resolution before a case moves to formal adjudication. Understanding how this process works gives you a tactical advantage that many attorneys overlook.
What Triggers an OWCP Informal Conference?
An informal conference does not happen automatically. It requires a dispute that the OWCP district director decides warrants intervention. The most common triggers fall into three categories.
First, claim denials. When a carrier issues a notice of controversion (Form LS-207) disputing compensability, the injured worker or their attorney can request OWCP involvement. The district director then schedules an informal conference to hear both sides. This is the scenario most DBA attorneys encounter first.
Second, benefit disputes. The carrier accepts the claim but disputes the amount, duration, or type of benefits. Disagreements over temporary total disability versus temporary partial disability, average weekly wage calculations, or the duration of medical benefits all qualify. These disputes often hinge on medical evidence and wage documentation that the conference can help clarify.
Third, medical disputes. The carrier challenges the claimant's treating physician, the recommended treatment plan, or the need for ongoing care. Under the LHWCA framework, the district director can order an independent medical examination. But before that step, the informal conference gives both parties a chance to present their medical evidence and potentially narrow the dispute.
You can also request an informal conference proactively. If you believe early intervention will resolve a dispute faster than waiting for the carrier to act, filing a written request with the OWCP district office puts the process in motion. Experienced DBA attorneys use this strategy when they have strong evidence and want to force the carrier to respond before entrenching its position.
Who Participates and What Actually Happens?
The informal conference typically involves three parties: the OWCP claims examiner or district director, the claimant (usually with their attorney), and the carrier representative. Unlike a formal OALJ hearing, there is no administrative law judge, no sworn testimony, and no formal rules of evidence.
The claims examiner runs the conference. They review the file, ask questions of both parties, and attempt to mediate a resolution. The format is conversational, not adversarial. Both sides present their positions, submit supporting documents, and respond to the examiner's questions. Conferences typically last 30 to 90 minutes depending on complexity.
Most informal conferences now happen by telephone. In-person conferences at the OWCP district office are available but uncommon in DBA cases, where the claimant may be overseas or in a different state from the district office. The telephonic format is efficient but creates its own challenges. You cannot read the room, hand documents to the examiner in real time, or gauge the carrier representative's reactions.
After the conference, the claims examiner issues a recommendation memorandum. This document summarizes the positions of both parties and recommends a course of action. If the carrier accepts the recommendation, the case resolves. If either party rejects it, the case moves to the next stage: a formal hearing before an OALJ administrative law judge. Understanding how OALJ decisions shape DBA case outcomes helps you plan your strategy from the informal conference stage forward.
How Should You Prepare for the Conference?
Preparation separates effective informal conference advocacy from wasted effort. The informal conference may lack formal evidentiary rules, but the claims examiner is still evaluating your case. A disorganized presentation signals a weak claim.
Start with your document package. Assemble the LS-203 (employee claim form), all medical records supporting the injury and treatment, wage documentation (pay stubs, employment contracts, W-2s), and any correspondence with the carrier. If the carrier issued a controversion notice, bring it. If you have prior OWCP decisions or correspondence on the claim, bring those too.
Know the carrier's likely arguments before the conference. If the dispute is over compensability, anticipate challenges to the employment relationship, the situs of injury, or the causal connection between the work and the injury. The Section 20(a) presumption of compensability is your strongest procedural tool at this stage. Under Section 20(a), if the claimant establishes a prima facie case, the burden shifts to the carrier to present substantial evidence rebutting the presumption.
Prepare a one-page case summary. The claims examiner handles dozens of files. A concise written summary identifying the claimant, employer, carrier, date of injury, nature of the dispute, and your requested relief helps the examiner focus on what matters. Hand it over (or email it) before the conference if possible.
One often-overlooked preparation step: verify the carrier's identity and coverage period before the conference. Carriers change over time for the same employer. If you show up citing the wrong carrier or the wrong policy period, you lose credibility before you start. Cross-referencing DOL records and federal contracting data before the conference ensures you are targeting the right entity.
What Mistakes Do Attorneys Make at Informal Conferences?
The most common mistake is treating the informal conference as a formality. Attorneys who phone it in with minimal preparation hand the carrier an early advantage. The examiner's recommendation memo becomes part of the case file. A weak showing at the informal conference gives the carrier ammunition at the OALJ hearing.
Second, arguing legal theory instead of facts. The claims examiner is not a judge. They want to understand the facts of the case and identify where the parties agree and disagree. Save your LHWCA statutory analysis for the formal hearing. At the informal conference, focus on the evidence: medical records, wage documents, employment verification, and the timeline of events.
Third, failing to bring adequate medical evidence. In DBA cases, the medical dispute is often the central battleground. If your client's treating physician has not provided a clear opinion on causation and disability, the carrier will exploit that gap. Get a detailed medical narrative before the conference, not after.
Fourth, not knowing who you are up against. Different carriers have different claims-handling patterns. Some settle aggressively at the informal conference stage. Others use the informal conference as discovery, gathering information for a stronger defense at the OALJ hearing. Knowing the carrier's historical approach to DBA claims helps you calibrate your strategy. If the carrier has a pattern of denying claims and forcing formal hearings, your informal conference preparation should focus on building the strongest possible record for the next stage.
What Happens After the Informal Conference?
Three outcomes are possible. The best case: the carrier accepts the examiner's recommendation, agrees to pay benefits, and the case resolves without further litigation. This happens more often than you might expect, particularly when the attorney presents strong medical evidence and clear employment documentation.
The second outcome: partial resolution. The parties agree on some issues (compensability, for example) but disagree on others (average weekly wage or duration of benefits). Narrowing the disputed issues before a formal hearing saves time and money for everyone.
The third outcome: no resolution. Either party can reject the recommendation and request a formal hearing before an OALJ administrative law judge. The case then enters the formal adjudication process under the DBA claims process, with full discovery, depositions, and an evidentiary hearing.
The timeline matters. From the informal conference to an OALJ hearing can take six months to over a year, depending on the district office backlog and the complexity of the case. ClaimTrove data from over 5,000 OALJ decisions shows that cases with strong informal conference records tend to resolve faster at the formal hearing stage. The groundwork you lay at the informal conference directly affects your efficiency later.
If you want to walk into your next informal conference with comprehensive carrier history, employer data, and relevant case precedent already assembled, run a ClaimTrove investigation before your preparation begins. Thirty seconds of search replaces hours of manual DOL research.