Seaman claims going back to work aggravated pre-existing injury

Michelle Keahey Jun. 1, 2011, 2:31am

Claiming aggravation of an existing shoulder injury, a seaman has filed a lawsuit against his employer that claims he was ordered back to work while he was out for medical treatment, which ultimately resulted in surgery.

Cooper Hayden filed suit against Odyssea Marine Inc. on May 20 in federal court in New Orleans.

According to the complaint, on July 30, 2010 Hayden was suffering a shoulder injury which was being conservatively treated when he was ordered back to work. He states his work activities required him to engage in an over-exertion which aggravated his underlying shoulder condition.

The defendants have refused, neglected and withheld paying maintenance and cure, the lawsuit claims.

The plaintiff is seeking damages for pain and suffering, mortification, humiliation, fright, shock, embarrassment, loss of earnings and earning capacity, medical expenses, aggravation of prior condition, inability to engage in social, recreational and other pursuits, mental anguish, found, maintenance, cure attorneys fees, interest, costs and punitive damages.

Hayden is represented by Dennis M. O'Bryan of O'Bryan Baun Karamanian in Birmingham and New Orleans attorney George P. Vourvoulias, III.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:11-cv-01196

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