Alvin Smith, et al. v Diamond Offshore Co., et al.
The plaintiff, Alvin Smith ("Seaman") filed suit under the Jones Act based on injuries sustained while working on a vessel owned and operated by the defendant, Diamond Offshore Co. ("Employer").
Seaman was a member of the crew assigned to work on the Ocean Baroness- a drilling vessel. On or about March 10, 2007, seaman was performing his duties when he was severely injured. He alleged that his injuries resulted from a defect in the condition of the vessel, its equipment and/or negligence by the employer.
Seaman sought damages for medical expenses, loss of earnings, mental anguish and emotional trauma, and other associated losses.
During the course of litigation, seaman's counsel requested employer pay for seaman to get counseling. Counsel for employer requested that an Independent Medical Examination ("IME") be given prior to any payments being made.
Counsel for seaman refused and he sought counseling himself. His counselor was put on the witness list for trial, which the employer objected to. Thereafter, the employer filed this motion seeking to compel seaman to submit to an IME, stating that seaman had now brought his mental health into issue at trial.
Seaman opposed the motion, arguing that employer lacked good reason for the IME. He contended that his mental health was an issue in the case, but not a significant portion.
Whether the Court will grant employer's motion to compel seaman to submit to an IME.
The Court granted employer's motion, and seaman was ordered to appear in New Orleans, Louisiana, for an IME.
In
determining whether an IME was appropriate, the Court noted that
seaman's mental state was in controversy. In his original suit, he
sought damages for mental anguish and emotional trauma. The Court was
of the opinion that employer had shown good cause for why seaman should
submit to an IME.
Significance:
An independent medical examination (IME) occurs when a physician examines the worker. It is mandatory that the physician has not previously been involved with the worker.
IME's are conducted to give a fair and accurate description of the cause, extent, and medical treatment needed. These are most often conducted when there is a work-related injury. Often the physician will determine whether the worker has reached maximum benefit from treatment. Upon this conclusion, the worker is usually required to return to work.
Should the physician conclude the worker's medical condition was not work-related, the employer may refuse payment for worker's injuries.
Steve Gordon
http://www.offshoreinjuries.com
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