Trial Court Denies Cure Claim and Punitive Damages

Tisdale v. Marquette Transportation Company, LLC, 2023 WL 4446961, 2023 U.S. Dist. LEXIS 118469 *(E.D. La. July 11, 2023; Guidry, J.).

            The sole issue which went to trial in this matter was the seaman claimant’s right to recover cure for a three-level spinal fusion and radio frequency ablation procedure recommended by one physician or a one level fusion as recommended by another.[1] Tisdale was injured on M/V ST. JOHN when lifting a lock line on the starboard side of the barge in two of M/V ST. JOHN.[2]

            The trial judge found that the radio frequency ablation procedure was palliative care and would not improve the claimant’s condition.[3]  Accordingly, it is outside the scope of the employer’s cure obligation.

            With respect to the spinal surgery, Judge Guidry found the testimony of Dr. John Davis, a neurosurgeon, more credible than the testimony of Dr. Donald Dietze, also a neurosurgeon.[4] The trial judge agreed that the three-level fusion recommended by Dr. Dietze was not related to the accident.[5] Judge Guidry also denied the claim for punitive damages for refusal to pay cure as the employer made a reasonable investigation of the demand for cure and denied it based on the recommendation of Dr. Davis.[6] As the denial was based upon ample medical evidence, it was not arbitrary and capricious.[7]

[1] Tisdale, 2023 WL 4446961 at *1.

[2] Id.

[3] Id. at *6.

[4] Id.

[5] Id.

[6] Tisdale, 2023 WL 4446961 at *6.

[7] Id.