NEW ORLEANS – A Galliano employer seeks judgment that a Thibodaux man is not entitled to maintenance and cure benefits.
B&J Martin Inc. filed a complaint on March 10 in the U.S. District Court for the Eastern District of Louisiana against Julius Dempster seeking declaratory judgment.
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