NEW ORLEANS – A business is seeking declaratory judgment regarding benefits for a Houma man.

C&G Welding Inc. filed a complaint on May 17 in the U.S. District Court for the Eastern District of Louisiana against Allen Smith Jr. alleging that the defendant falsely denied having any prior work related injuries and denied receiving workers’ compensation benefits for any work related injury.

According to the complaint, Smith alleged that he was injured in June 2016 while working for the plaintiff and that the plaintiff has paid maintenance and cure benefits. The suit states the defendant completed an employee medical history questionnaire in 2012 that stated he had no prior work-related injuries, which the plaintiff claims is not true.

The plaintiff holds Smith responsible because the defendant allegedly knowingly concealed his history of work-related complaints of lower back injuries and subsequent treatment. The plaintiff claims its decision to employ the defendant would have been affected by this disclosure.

The plaintiff seeks declaratory judgment that plaintiff does not owe maintenance and cure to defendant and for all other general and equitable relief as may be appropriate. It is represented by Michael L. McAlpine and Rachel L. Bradley of McAlpine & Cozad in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-05014

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Organizations in this Story

U.S. District Court for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA 70113

McAlpine & Cozad
365 Canal Street
New Orleans, LA 70130

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