ISSUE OF FACT WHETHER BACK INJURY WAS NEW OR WAS OLD INJURY NOT REVEALED BY PLAINTIFF.
DALE W. RUSSELL VERSUS SEACOR MARINE, INC., ET AL.
CIVIL ACTION NO. 00-339 SECTION: "R" (3)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2000 U.S. Dist. LEXIS 15245
October 10, 2000, Decided
October 10, 2000, Filed, Entered
OVERVIEW: Plaintiff seaman suffered a herniated disc while working on a boat and sought maintenance and cure. Defendants, boat rental company and marine company, moved for partial summary judgment alleging that plaintiff did not qualify for maintenance and cure because he had failed to disclose a prior back injury and numbness in his legs in his job application. The court rejected plaintiff's argument that he answered the questions properly asked on the application and the ones he did not answer were in violation of the Americans with Disabilities Act. The court found that plaintiff had intentionally misrepresented or concealed medical facts. The issue was whether there was a causal link between the old back injury and the present one. The court denied the partial summary judgment motion because there was a genuine issue of material fact as to whether the present back injury was a new problem clearly from the herniation plaintiff previously suffered or whether it was not. The former position was supported by plaintiff's neurologist, and the later position was supported by an earlier MRI which showed a slight bulge at the spot of the present herniation.
OUTCOME: The court denied defendants' motion. The court agreed that plaintiff improperly withheld information regarding a prior back injury. However, plaintiff passed the pre-employment physical examination. A genuine issue of material fact arose because plaintiff's neurosurgeon stated the new back problem was new problem, and an earlier MRI of plaintiff's back showed a slight bulge where the herniation occurred.
