McAlpin Tanner Marcotte Victorious In Crewmember Arbitration
A former crewmember alleged that he injured his wrist when he slipped and fell in the shower of his cabin while working for one of the world’s premier cruise lines. He initiated arbitration against his former employer alleging the cruise line had failed to timely diagnose and treat his wrist injury, that the cruise line failed to provide prompt, proper, and adequate medical treatment which resulted in an aggravation of the crewmember’s injury, and that the cruise line breached its obligation to provide maintenance and cure. McAlpin Tanner Marcotte defended the cruise line and demonstrated that the cruise line properly provided the crewmember with maintenance and medical treatment up to the point of maximum medical improvement. The McAlpin Tanner Marcotte team also argued that the crewmember’s current complaints of pain were unrelated to the part of the wrist that he had initially injured in his alleged shipboard accident. After extensive medical testimony at a three-day arbitration, the Arbitrator agreed with McAlpin Tanner Marcotte and issued a total defense verdict concluding that the preponderance of the evidence did not support the Crewmember’s position.