McAlpin Tanner Marcotte Prevails At Crewmember Arbitration Secures Equivalent Of Defense Verdict
TheMcAlpin Tanner Marcotte litigation team successfully represented Royal Caribbean Cruises, Ltd. at a three-day arbitration that resulted in a complete denial of the crewmember’s claims for maintenance and cure and failure to provide prompt, proper and adequate medical care and treatment. McAlpin Tanner Marcotte proved that Royal Caribbean had complied with, and even exceeded, its obligations under the Jones Act and the general maritime law.
The crewmember had been employed as a galley steward on Royal Caribbean’s ship when he suddenly felt lower back pain one day. He was examined by the shipboard doctors and sent ashore for an MRI. About 3 weeks later, the crewmember was medically disembarked from the ship because he was not fit for duty. After about a month of treatment and physical therapy, the crewmember was found to have reached maximum medical improvement, so the employer stopped providing maintenance and cure (living expenses and medical care).
The crewmember did not complain of pain or of any need for additional medical care and treatment until his lawyer contacted Royal Caribbean. His lawyer referred him to an orthopedic surgeon who performed spinal surgery.
The arbitrator adopted McAlpin Tanner Marcotte’s theory of the case and did not award the crewmember anything.