NEW ORLEANS – A Galliano employer seeks judgment that a Thibodaux man is not entitled to maintenance and cure benefits.
Martin Inc. filed a complaint on March 10 in the U.S. District Court
for the Eastern District of Louisiana against Julius Dempster seeking
According to the complaint, the plaintiff
alleges that on Feb. 16, 2015, the defendant was working for the
plaintiff as part of a work release program through Lafourche Parish
Prison as a deckhand on the M/V Capt. Chad Michael and was injured. The
suit states the defendant received treatment for his back through June
2016, but later submitted requests to receive treatment for his neck.
The plaintiff instituted maintenance and cure benefits under protest
following the defendant's release from prison, the suit states. The
plaintiff alleges that the defendant's neck injury was not sustained
during his employment.
The plaintiff holds Dempster
responsible because the defendant allegedly willfully and knowingly
concealed his preexisting medical conditions and/or failed to disclose
them to plaintiff.
The plaintiff requests a trial by jury and
seeks declaration that it is not responsible for maintenance or cure and
was in no way negligent or at fault for the injuries allegedly
sustained by defendant and all other general, equitable and other
relief. It is represented by Jefferson R. Tillery and Hansford P. Wogan
of Jones Walker LLP in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-02059