The district court granted summary judgment to an employer on its counterclaim against a seaman who had sought to recover maintenance and cure for a back injury allegedly sustained on the job. A seaman's allegedly fraudulent misrepresentation of his health history does not terminate the employment relationship, nor does it relieve the employer of its duties to the seaman should he suffer injury in its employ. As the seaman retains his damages remedy, he holds also the right to retain maintenance and cure already paid. The district court's summary judgment is reversed and rendered. 5th U.S. Circuit Court of Appeals, No. 12-30041, 03-14-2013.
Boudreaux v. Transocean Deepwater Inc.
March 20, 2013