Why I Became a Lawyer

Hi I'm Brian Wiklendt an attorney with Garfinkel Schwartz. I’m here in our Maitland, Florida, office---that’s a suburb of Orlando. It’s July and very, very hot here.

Today Brian Wiklendt is a top DBA lawyer.

We natives consider this season the winter and the reason for that it is it is so hot you can’t even play golf or do anything. So what we do is kind of stay indoors like pretending it was a snowy winter day but it’s just hot summer. So we’re in the middle of winter here and trying to suffer through it. 

Why I Became a Lawyer

I was asked to explain to people why I became a lawyer and I thought about it for a little while and I know the usual answers. I unfortunately don’t have those usual answers. It was kind of a weird story and I’ll explain it.

I Was Going to Be a Doctor

I went to college originally to be a doctor. That was just what people did that were smart and got good grades. And so I hated the classes when I was a freshman but the biology class was the big weed out class. And I had no idea what they were talking about in that class so I was a little disgruntled.

Fraternity Shenanigans Spur Legal Insights  

I pledged a fraternity my second semester of freshman year and there are basically three instances that happened where it just turned into like wow I think I should be a lawyer. 

First Look at the Power of the Law 

The first one was first of all you have to understand that being a pledge in a fraternity a lot of times you have to do stupid things. When you are eighteen years old you tend to do things like that and listen to people like you shouldn’t. But our fraternity kind of specialized in road we’d call them road trips and elder members of the fraternity would like throw you in a car unsuspecting and drop you off somewhere and just leave you there.

And so obviously there was drinking involved and I was not necessarily involved in too many of these things but the first one was we knew that we were going to be road tripped from this particular establishment by our big brothers and we heard through the grapevine was going to happen.

So what we did is we grabbed the guy’s keys and we took his car. Little did we know that he was going to report it stolen.

So we’re on our way from Atlanta to New Orleans and this guy’s car and all of a sudden a police officer stops the car. My friend was driving the car. I was in the backseat. He gets out of the car and starts talking to the police officer instead of the police officer coming to us. And somehow he came back to the car and we got a police escort back to our college and there were no charges or anything filed.

How to Handle a Cop

I asked him. I said what did you say? How did you get out of this? He was like, "well my dad is a lawyer in New Orleans and I know how to get out of these kinds of things. I did my stuff I’m supposed to do. I went to talk to the officer, apologized kept my hands out."

He knew all these things and I just thought that was really interesting as to how he got out of this jam with us getting a police escort home. So that was kind of a story about what I thought about being a lawyer and the law and the power of the law.

The Atlanta Zoo, Women's Stockings and a Quarter

The second one was a little bit more serious. One of my fraternity member friends in my pledge class was sent to the Atlanta Zoo with only women’s stockings on and he was just left there. He had a quarter and women’s stockings and so what happened was when we found out about that and these guys dropped him off there he never showed back up to school for like days.

And everyone was all nervous and everyone was like what happened to him? Something terrible must have happened to him. They’re afraid to report this to anyone and they’re coming to me. I was a freshman in college and these guys were coming to me like Brian what do you think we should do? What’s going on? What do we do? I was like well I don’t know why’re you coming to me?

The Impact of Law Firm Letterhead

But this started to become a pattern that people came to me for advice like this and so I explained. I was like you’re going to really have to kind of fess up to this. And what happened was the guy that was road tripped in the stockings he ended up getting his father to write an official letter on a law firm letterhead to the school explaining that his son was missing and he was going to hold everyone responsible and all this other stuff. And obviously it was a joke and he came back the next day.

Fear in Their Eyes

But the scare and the fear in people’s eyes about that letterhead. I never forgot that big letterhead with all these lawyers’ names on it scaring to death the people that did that road trip. They probably were never the same. I’m sure they’ve never done anything bad in their lives since that time because of that letterhead and so I thought that was kind of part of my progression of wanting to be a lawyer.

It’s kind of funny when you’re talking about things like that and reminiscing. These stories seem funny at the time but they’re not funny when they’re happening. They’re funny now but they weren’t funny at the time really. 

The Great Ping-Pong Escapade

Brian is lead counsel at Garfinkel Schwartz.

My last brush with the law was that we had to do things to other fraternities and things as part of the hazing process. One of the things was to try to steal something of worth and then of course you give it back later. It’s just a prank but two of my fraternity brothers decided to steal a ping pong table from the recreational center which was next door to our fraternity house.

And these ping-pong tables are not regular ping-pong tables. They’re like professional Olympic style super expensive ping-pong tables. Well they steal it because we knew how to get into the place. They steal it. They put it in the back of the truck and they’re taking it off campus and of course they get caught with this big thing in the back of their truck and they find out it is a ping pong table.

Of course they go to the campus police. They first thing to do they call me and I’m still just a freshman in college and they’re calling me asking me what should we do? Can you come here and help us? Blah blah blah. I guess they were business majors or something. So I go there and I explain this is what you have to do apologize. Tell them it was a prank. You meant to bring it back. It was just a prize. Blah blah blah.

Return to the Scene of the Crime 

So it turns out that basically what happened was if they could get it back in the exact same spot without anyone knowing that they stole it from before the opening of the recreational center they’re off the hook and so of course five guys are all trying to help take care of this get back into the place in the middle of the night put it exactly where it was and belonged and then leave and of course we got out of that.

So another thing is simply I just kind of naturally progressed into people asking me their advice on certain things and the power of the law. And what to do and I just felt that that was my calling and what I should do to try to help people in whatever area of law it is.

Now My Road Trips Are to Visit Longshoremen & Contractors 

And now I’m helping overseas contractors and longshoremen who are injured which gives me an even better sense of reward other than helping my stupid fraternity brothers trying to get out of jams. But that’s my story.

It’s not a normal story but that’s the truth of what happened as to why I went from going to biology classes to going to political science and economics classes and prelaw classes and I wouldn’t have had it any other way.

So thanks for listening to my story. Again this is Brian Wiklendt with Garfinkel Schwartz. I hope you have a great day.

Many Steps in Every DBA Case

In this area of law, the Defense Base Act, there are many things that must occur before a decision is made on a case.

What this means is, if you’re a client and you have been injured and denied medical care and compensation, you will have to be very patient for a case to proceed.

Complex Cases Take Time

There is literally nothing to do but be understanding that there will be a trial, or a settlement, or a mediation. The end to the case can take several years

But during the entirety of that time, we’re with you. And you may not talk to us every week, but as SOON as there is news on your case, trust me, you’re the first person I will call.

Waiting for us to call can be another step involved in this process and yes, we know you’re waiting by the phone and hoping to hear from us. We call clients after hours, holidays and weekends just as soon as we hear the news of your case.

Why Defense Base Act Cases Take Time

The natural progression of a Defense Base Act law case takes time. It is easier to understand the wait if you understand the process and the steps that must take place:

1. The court must weigh the evidence to determine the credibility of the case.
2. This means the court must analyze each doctor’s testimony. 
3. Then the judges must then analyze my client’s testimony. 
4. Once the judges make a determination, they will write and say - yes, we believe this person to be telling the truth.
5. The case also must appear in the writing of an appeal. 
6. Writing the brief can be tedious. Some firms have law clerks that probably really do the writing but here it is me.
7. If the judge has to ask questions, then you are asked to appear to answer questions on that appeal. 

DBA Appeals Can Be Complicated

An appeal can be 10 pages, or more. Mine are way shorter than the insurance company’s appellate briefs. They try to write it and include everything and I try to be short and concise.

The last order I had was the most complicated one I’ve ever done because there were at least 10 doctors involved. There were broken bones, complications with broken bones and treatment of the broken bones, PTSD, and TBI (traumatic brain injury).

There were a million things going on in that one case. The judge’s order was more than 60+ pages long. And we won, but that was a long case.

Why You Need a DBA Attorney

The Defense Base Law and DBA cases are very complicated. Our doctors basically explain that with the many things that can happen to someone when there’s an IED, or a sudden attack, our clients can have a combination of medical issues going on.

Then, if a client has a traumatic brain injury, the pain receptors in the brain are different than other peoples’ pain receptors. So, for example, every time you move you can be in terrible pain but it doesn’t show up on any testing because it’s in a person’s brain - it’s not in their back, or in their leg.

While You’re Waiting, We’re Working

For clients, it’s very grueling sometimes waiting for all the trial to be over. It’s a long process but we’re right there with them every step of the way.

Then, at the end of a case, in a judgment, the judge may agree with us, and then they’ll throw in a twist, like saying that a client who is having all these issues, could possibly find work. So that means that they’ll get a few hundred fewer dollars per week for the rest of their life. However, that weekly payment for the rest of that person’s life is a positive outcome which is still to be considered a win.

It’s a challenge but we’re here to find a way to help, one family at a time.

DBA Covers Contractors ANYWHERE

I’m Brian Wiklendt and I’m a defense base lawyer, a federal law practice, and I work with clients across the country and around the world for Garfinkel Schwartz, P.A. DBA covers contractors anywhere.

I’m based out of Cocoa Beach, Florida, and Maitland, Florida, but because the Defense Base Act Law is Federal Law, I can work with any client who is a DOD or civilian contractor around the world.

Thailand, Australia, Bosnia, Russia, Libya

You might be in Thailand; maybe you’re in Australia, Bosnia, Russia, Libya, Ghana, Columbia, Mexico, Honduras, it might be really remote, very secure. It could be in a war zone; it could be on a military base, off a military base, in a very dangerous area.

If you are working for the U.S. government, or you’re working for a sub-contractor, meaning you’re working on behalf of the U.S. Government in the middle east, in Africa, South America, Asia, India. You can call 1-800-393-2999 to talk with me. If you don’t have a phone, e-mail me at: Brian@DefenseBaseActLaw.com or you can write to me via mail: Brian Wiklendt, 300 N. Maitland Ave., Maitland, FL, 32751. I promise I will get back with you.

24-7 Answering Service

We have a 24-7 answering service because folks, I have to sleep, I travel, BUT I will return your call and I will talk with you personally. I take your problems to heart. I don’t know how you do what you do, but I do know that what you do is very, very difficult and it’s terribly dangerous.

You all risk your lives and hope for the best as you work in very difficult situations. I don’t want you to feel like when you’re injured that there’s no hope, because there is. You have rights. The defense base act protects you.

Contractor or Sub-Contractor of U.S.

If you’re a contractor, a sub-contractor of the U.S. Government, you can be helped when you need medical care to cover your injury from a war zone, an illness due to exposure in a third world country.

Maybe you fought in Kuwait, Iraq, Iran, Afghanistan, you could be working in Syria, the Middle East. Are you on a ship working with the U.S. Navy in the South China Sea? Are you in the center of conflict in South Korea?

If you’re hurt, if you’re injured, you should know that your healthcare and compensation is covered. You have the right to choose your doctors, to get money while you’re sick.

Longshoremen on U.S. Waters? We Can Help

We also work with Longshoremen on U.S. Waters and military and U.S. waters and seas

As long as you can e-mail me, write to me, call me, there’s a way to work with you. IF you had a family member die while working in Turkey, Libya, Afghanistan, we will walk you through the steps to help you under the DBA.

Our office has the ability to Skype with you, do a Zoom online meeting, Facebook, Twitter, LinkedIN, YouTube, Google Plus, we can chat and find each other. We know you’re in very dangerous places. Try to contact us and we will look for your communication.

The Non-Appropriated Funds Act Coverage

The Non-Appropriated Funds Act Coverage for Employees

Garfinkel Schwartz helps clients around the world working in a range of federal and international positions as federal employees, civilian contractors and civilian employees for the U.S. Government.

Extension of Longshore Act

The Non-Appropriated Funds Act is another extension of the Longshore and Harbor Workers’ Compensation Act that covers injured or sick civilian employees who serve the government. These employees work for organizations that are not funded by taxes, but by the sale of goods and services.

The organizations sustained by non-appropriated funds are called instrumentalities in legal terms. The largest of these instrumentalities is the U.S. Postal Service, which makes money through postal fees.

Many, if not most, of these instrumentalities serve the military. Civilian employees covered under non-appropriated funds act law could work for the Army, Marines, Air Force and Coast Guard Exchanges, stores that sell retail goods to soldiers, Navy Ship stories, and the military’s Motion Picture Services group. Any U.S. military base around the world.

If you’re a civilian employee, you can be covered under this act if you work on or near a military base in the United States, or outside the country provided you are a U.S. citizen or permanent resident of the U.S.

Military Base Employees are Covered

The military has what it calls services to enhance the morale, welfare and recreation of Armed Forces personnel.  It also refers to non-appropriated funds employees as those which provide “comfort, contentment and medical and physical improvement” to soldiers.

You might be working in one of these capacities, at a recreation center, theater, gym, restaurant, business center, or for a counseling service, or for the American Red Cross. You may be a barber, restaurant manager, cleaning grounds crew member, teacher, helicopter engineer, IT specialist or other position at a U.S. military base. Non-Appropriated Funds Act Law covers the medical care needed after an injury or illness on the job.

Coverage for The Non-Appropriated Funds Act

The Non-Appropriated Funds Act provides federal employees, civilian employees with the same federal workers’ compensation as the Longshore Harbor and Workers’ Compensation Act.

Non-Appropriated Funds Act Law entitles you to: 

1. Coverage for all your medical, surgical and hospital treatment, rehabilitation services and disability benefits if you’re injured at work.
2. Injury is broadly defined and includes occupational diseases and illnesses.
3. Disability and other benefits can extend to an employee’s dependents in case the individual dies from a work-related injury.
4. The benefits system is administered by the Department of Labor’s Office of Workers’ Compensation Program.
5. You have 30 days from the time of the injury or from the time you become aware of the illness to file a claim.

Just like employees covered under the Longshore and Harbor Act or the Defense Base Act, you can choose your own doctor for treatment if that person has been an approved by the OWCP.

How Law Works

The Longshore Act covers longshoremen and the Defense Base Act covers civilian contractors, such as those providing Department of Defense contractor and sub-contractor support to the military, through funds appropriated by Congress.

PTSD and Non-Appropriated Funds Employees

Civilian employees, even those working in a non-appropriated funds job, can and do suffer work-related injuries. If your job takes you into a conflict zone, you are in danger of being near an explosion or witnessing military personnel suffer severe injuries or trauma.

Post-traumatic stress disorder can result from experiencing a traumatic event, and from witnessing one.

Don't Work Your Own Case

Filing claims and navigating the federal workers’ compensation system can be tough, especially when you have a debilitating condition like post-traumatic stress disorder. For the sake of you and your family, talk to an attorney who can help you get the treatment you need as quickly as possible.

FYI: All legal fees are covered and paid for so you do NOT spend a dime nor will a lawyer TAKE a penny from you. The Non-Appropriated Funds Act Law covers legal fees, medical care and provides compensation after a work injury or illness.

40 Years of Defense Base Act Law

40 Years of Defense Base Act Law

Garfinkel Schwartz, P.A., has provided 40 years of Defense Base Act Law, Longshore & Harbor Workers Act Law, and Non-Appropriated Funds Act Law services to clients. 

We work in federal law and have proudly served clients around the world since 1976.  

U.S. government and Department of Defense employers, Longshore employers, and U.S. military bases are required to cover civilian contractors and sub-contractors, federal contractors and employees when they're injured or get sick. 

Contractors Work in Danger 

Contractors endure many dangers in Kuwait, Iraq, Asia, Africa, Syria, Afghanistan and other places where there are hostile military situations. From sniper attacks, to IEGs, difficult terrain and challenging work and living conditions, brave civilians are working around the world for the U.S. government. 

More Contractors Than Troops

Generally, if you see that there are "troops" on the ground in a country, there may be as many as 3 times the number of civilian employees as there are troops. While many are former military, there are others are from non-military but highly skilled backgrounds.

We Are Honored to Help You

Garfinkel Schwartz, P.A., is honored to help our brave civilian contractors to receive the benefits they need to care for themselves when injured or sick from working in hostile environments overseas in war zones. 

We Make It a Fair Fight

"Insurance companies love to fight but we make it a fair fight," owner, founder and attorney Alan

Garfinkel said. "Insurance companies would rather pay someone in court to say that you are not injured than to pay for your prescriptions, surgeries and necessary medical care.

"We've all been to doctors and have been through the medical systems," Alan said. "We know that civilian contractors have horrendous and life altering injuries for which our government created laws to protect them and provide medical care for them through the Defense Base Act law.

Don't Fight Goliath Alone

"The DBA covers medical care, financial compensation so that contractors don't have to be denied anything after an injury. Only the insurance companies stand between you and what's rightfully yours under the DBA. Don't try to fight Goliath alone because we're here to help ... one family at a time." 

Longshoremen in Florida

Often, when a longshoremen is injured, he or she reports the injury and there is a union rep who will help you and guide your actions towards how to file a claim. 

Next a Longshore attorney will work with you to take on the legal work involved. No matter what the union, no matter what the longshore job, injury or illness, The Longshore Act of 1927 covers injured or sick longshoremen with:

1. Legal expenses

2. Choice of Doctor

3. Medical care

4. Compensation

Garfinkel Schwartz attorney Brian Wiklendt has met with Longshore Unions in Florida and explained some of the ins and outs of Longshore law. 

If you have questions there is never a fee to talk with Brian. Everything you say is kept 100% confidential. Whether you’re a client or not, you can call Garfinkel Schwartz. 

Garfinkel Schwartz Phone Numbers: 

407-425-7777 Maitland Florida (near Orlando) 

800-393-2999 24 Hours, 7 Days a Week

321-267-8613 Cocoa Beach Florida 

Talk to Brian Wiklendt

Lead counsel Brian Wiklendt is experienced and skilled in helping federal workers, civilian contractors and longshoremen around the world regain denied medical claims, health benefits and financial compensation. 

Cases should be fought with an attorney who will fight for your case and explain what's happening every step of the way. Brian and the Garfinkel Schwartz team is committed to helping one family, one person at a time.