190 F. Supp. 3d 588
E.D. La.2016Background
- Rodney Watson, a cook aboard the dredge B.E. LINDHOLM, was struck by a 400-pound stainless steel steam table that toppled during rough seas on Sept. 24, 2014; he sustained left knee/leg, lumbar and cervical symptoms and head injury.
- Weeks Marine owned and operated the vessel; the table had been aboard for decades and was secured by adjustable fittings (bolts) that required periodic tensioning but were not bolted or welded to the galley and Weeks had no policy to check them.
- Watson treated with multiple physicians; treating surgeons (Drs. Hontas and Berliner) diagnosed injuries related to the incident and recommended further diagnostics and surgeries; Weeks repeatedly refused to authorize some testing/treatment and paid only for an IME by Dr. Nutik.
- On Jan. 15, 2015 Weeks relied on the IME to terminate maintenance and cure; Watson was told to return to duty or be fired, he refused and was later terminated.
- Watson sued alleging Jones Act negligence, unseaworthiness, and wrongful termination of maintenance and cure (seeking punitive damages and attorneys’ fees); Weeks sought declaratory judgment limiting its maintenance/cure obligations. The bench trial found Weeks negligent and the vessel unseaworthy, and Weeks’ termination of maintenance and cure was arbitrary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability under Jones Act (negligence) and unseaworthiness | Watson: Weeks failed to secure galley equipment and provide a safe, seaworthy workplace; that failure (even slight) caused his injuries | Weeks: vessel expected to encounter rough seas; table had not toppled before; relied on IME to show no further treatment needed | Court found Weeks negligent and vessel unseaworthy; causation met (featherweight standard) |
| Causation and medical need for future treatment | Watson: treating doctors link knee, lumbar, and cervical injuries to incident and recommend surgeries (cervical fusion, knee arthroscopy, L4-5 neurotomy) | Weeks: IME found no objective findings or need for further treatment; later-paid MRI was normal | Court credited treating physicians; awarded past unpaid and future medical care including recommended surgeries until MMI |
| Maintenance and cure termination | Watson: Weeks arbitrarily terminated benefits without unequivocal proof of MMI, refused recommended testing and treatment, forced him to return to work or be fired | Weeks: relied on IME showing MMI to stop payments and sought declaratory relief | Court held Weeks’ Jan. 15, 2015 termination was arbitrary and capricious; maintenance and cure must be paid until MMI; Weeks liable for unpaid maintenance/cure and must continue payments |
| Punitive damages & attorneys’ fees for wrongful maintenance/cure termination | Watson: Weeks’ conduct was willful/arbitrary, justifying punitive damages and fees | Weeks: termination justified by IME; no willful misconduct | Court awarded punitive damages ($100,000) and attorneys’ fees ($50,000) for Weeks’ willful failure to pay maintenance and cure |
Key Cases Cited
- Gautreaux v. Scurlock Marine, Inc., 107 F.3d 331 (5th Cir. 1997) (Jones Act causation standard)
- Johnson v. Offshore Express, 845 F.2d 1347 (5th Cir. 1988) (employer duty to provide safe workplace and inspections)
- Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (U.S. 1960) (vessel owner’s absolute duty to furnish seaworthy vessel)
- Jackson v. OMI Corp., 245 F.3d 525 (5th Cir. 2001) (unseaworthiness and owner liability)
- Tullos v. Resource Drilling, Inc., 750 F.2d 380 (5th Cir. 1985) (owner’s obligation to investigate maintenance and cure claim and examine medical evidence)
- Johnson v. Marlin Drilling Co., 893 F.2d 77 (5th Cir. 1990) (shipowner must provide unequivocal evidence to terminate maintenance and cure)
- Vaughan v. Atkinson, 369 U.S. 527 (U.S. 1962) (ambiguities in maintenance and cure resolved for seaman)
- Calmar S.S. Corp. v. Taylor, 303 U.S. 525 (U.S. 1938) (definition of maintenance and cure)
- Culver v. Slater Boat Co., 722 F.2d 114 (5th Cir. 1983) (calculation of past wage loss under maritime law)
- Barto v. Shore Construction, LLC, 801 F.3d 465 (5th Cir. 2015) (liberal construction of maintenance and cure entitlement)