NEW ORLEANS – An employer is seeking declaratory judgment regarding maintenance and cure benefits for an injured man.
Galliano Marine Service LLC filed a complaint on Nov. 23 in the U.S. District Court for the Eastern District of Louisiana against Darien Mason Sr. alleging that the crewmember continued to claim maintenance and cure benefits.
According to the complaint, the plaintiff alleges that on Jan. 31, 2016, defendant claimed to have been injured while employed by plaintiff Reel Pipe as a seaman aboard the M/V Carol Chouest. As a result of that alleged injury, plaintiff and Reel Pipe have provided cure benefits to his medical payments, the suit states. The plaintiff alleges Mason Sr. has reached maximum medical improvement for his injuries.
The plaintiff requests a trial by jury and seeks judgment declaring that defendant has reached the maximum medical improvement and is no longer entitled to maintenance and cure benefits, award for costs, attorneys’ fees and expenses and such other relief as equity and justice may require. It is represented by Robert P. McCleskey Jr., Thomas Kent Morrison, Colin B. Cambre and Rachael E. Ferrante of Phelps Dunbar LLP in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-16586