Summary Judgment Against Seaman Reversed In Maintenance And Cure Claim
HAROLD YOUNCE VERSUS PACIFIC GULF MARINE, INC. AND ABCINSURANCE COMPANY
No. 04-CA-839
COURT OF APPEAL OF LOUISIANA, FIFTH CIRCUIT
04-839 (La.App. 5 Cir. 01/25/05);
893 So. 2d 909; 2005 La. App. LEXIS 57
January 25, 2005, Decided
PROCEDURAL POSTURE: Appellant claimant challenged the judgment of the Twenty-Fourth Judicial District Court for the Parish of Jefferson, Division I, Louisiana, granting summary judgment in favor of appellee employer denying the claimant maintenance and cure benefits for his injury suffered aboard a ship.
OVERVIEW: The claimant was involved in an accident aboard a ship in December 1995 while employed by the employer. The evidence presented showed that the claimant was injured aboard another ship in April 1995. The employer argued that the claimant intentionally concealed his injury and treatment for the prior accident in April 1995, thereby forfeiting his right to maintenance and cure. The appellate court ruled that whether the claimant intentionally misrepresented his medical condition or fraudulently concealed material information regarding his medical condition when he presented to get his clinic card was a disputed question of fact. Since the claimant admitted to having a prior neck injury and that the prior injury occurred on a ship, there was a material issue of fact as to whether the claimant fraudulently concealed his medical condition and should be deprived of maintenance and cure. Also, it was not clear from the evidence submitted whether the prior injury and medical treatment even if disclosed would have prevented the claimant from receiving a clinic card.
OUTCOME: The judgment was reversed and the matter was remanded.
