NEW ORLEANS – A company claims its employee failed to disclose he had prior injuries on his employee medical history questionnaire.
C&G Welding Inc. filed a complaint on April 21 in the U.S. District Court for the Eastern District of Louisiana against Christopher Garner seeking declaratory judgment.
According to the complaint, Garner claimed he was injured while employed by the plaintiff on Sept. 1, 2016, and that the plaintiff provided maintenance and cure benefits to defendant through the completion of this investigation on March 30.
The plaintiff holds Garner responsible because the defendant allegedly denied receiving workers’ compensation benefits for any work-related injury prior to his employment with plaintiff and knowingly concealed his history of work-related and motor vehicle accident-related injuries.
The plaintiff requests a trial by jury and seeks declaratory judgment that plaintiff does not owe maintenance and cure to defendant and all other relief as may be appropriate in the premises. It is represented by Michael McAlpine and Rachel L. Bradley of McAlpine & Cozard in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-03786