Release that seaman signed in favor of employer in exchange for $ 4,000 was properly found to be invalid where neither doctor nor employer informed seaman of his injuries, seaman had no legal representation when he executed release...
TRANSOCEAN OFFSHORE USA INC., Plaintiff-Appellant v. DAVID CATRETTE, Defendant-Appellee
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
2007 U.S. App. LEXIS 27870
December 3, 2007, Filed
PROCEDURAL POSTURE: Appellant employer sought review of a decision from the United States District Court for the Eastern District of Louisiana, which found that a seaman’s release executed by appellee seaman was not valid.
OVERVIEW: The seaman suffered a work-related injury to his shoulder. The seaman’s diagnosis was conveyed only to the employer. The seaman signed a release of all his rights against the employer in exchange for $ 4,000. The seaman filed suit against the employer. The district court found the release invalid. On appeal, the court held that the district court's finding was not clearly erroneous. The evidence showed that the release was invalid because the seaman was not fully informed of his medical condition or future prognosis and was not fully advised of his legal rights when he executed the release where (1) the employer informed the seaman that there was no tear in his shoulder; (2) the seaman was not shown his medical test reports; (3) the seaman was not informed that he could ask another doctor to review the findings; (4) the seaman had no legal representation when he executed the release; (5) the attorney hired by employer to go over the release with the seaman simply read the contract and asked the seaman if he understood it; and (6) the release contained no explanation of maintenance and cure or any other rights that the seaman was ostensibly forfeiting in the release.
OUTCOME: The court affirmed the district court's finding.
