United States District Court, E.D. Louisiana
FINDINGS OF FACT AND CONCLUSIONS OF LAW
TRICHE MILAZZO UNITED STATES DISTRICT JUDGE.
the Court is Plaintiffs claim for maintenance and cure.
Plaintiff Charles Armstrong III alleges that he was injured
while employed by Defendant Offshore Specialty Fabricators
(“OSF”) as a crewmember aboard the D/B WILLIAM
KALLOP. Plaintiff has brought claims for unseaworthiness,
Jones Act negligence, maintenance and cure, and spoliation of
evidence. On September 10, 2016, Plaintiff moved this Court
to hold a hearing on his maintenance and cure claim, which
this Court granted. A hearing was held on January 13, 2017.
Plaintiff seeks a finding that he is entitled to an increase
in maintenance, cure for his shoulder and neck injury, and
damages for Defendant's arbitrary and capricious failure
to pay. Having considered the evidence admitted at the
hearing and the arguments of counsel, this Court makes the
following findings of fact and conclusions of law on
Plaintiff's maintenance and cure claim. To the extent a
finding of fact constitutes a conclusion of law, and vice
versa, the Court adopts it as such.
all material times, Armstrong was a seaman and a member of
the crew of the D/B WILLIAM KALLOP.
all material times, Armstrong was employed by OSF as a
late April or early May of 2015, Armstrong injured his wrist
while refueling a generator using a fuel hose aboard the D/B
WILLIAM KALLOP when the fuel hose “caught a kink”
and twisted around in his hands.
some time after the injury, Armstrong visited the medics on
the vessel for anti-inflammatories.
Armstrong initially believed the injury was a minor strain or
There were no witnesses to the accident or resulting injury.
Armstrong completed the remainder of his hitch despite the
accident report was completed regarding the injury and
Armstrong signed a release stating that he had not been
injured aboard the vessel prior to finishing his hitch.
or about May 20, Armstrong reinjured his wrist when he
attempted to throw a bag of his belongings off of his
personal boat as he was preparing to leave for his next hitch
Prior to the re-injury, Armstrong had not seen a doctor and
was preparing to ...