Offshore company sues employee who claimed workplace injury two days after hire date

Michelle Keahey Mar. 30, 2012, 4:48am

NEW ORLEANS - An offshore company has a filed lawsuit against one of its deckhands after the employee claimed he was injured during an accident, two days after he was hired.

Offshore Liftboats filed suit against Jerry Bodden on March 14 in federal court in New Orleans.

According to the lawsuit, Jerry Bodden was hired on Feb. 27 as a deckhand aboard the L/B Michelle. Bodden claims he was injured on Feb. 29 as a result of an incident occurring on the vessel.

Offshore Liftboats argues that there was not an incident or accident on that day, in which Bodden sustained injuries.

The plaintiff also argues that Bodden is not entitled to maintenance and cure as he has refused medical treatment and is at maximum medical improvement.

The suit claims that Bodden allegedly concealed or failed to disclose material facts regarding his previous medical history, which was relied upon and was a factor in Offshore Liftboat's decision to hire him. Bodden's alleged injuries were related to his previous medical history and Offshore states that Bodden would not have been cleared for employment if this history was made known.

The plaintiff is asking the court to determine that no accident or incident occurred in which Bodden sustained an injury or to determine that Bodden refused medical treatment, intentionally concealed material facts regarding previous medical history and is at maximum medical improvement.

Offshore Liftboats is represented by Robert S. Reich and Christy L. Johnson of Reich, Album & Plunkett in Metairie. A jury trial is requested.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:12-cv-00700

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