A team of Hamilton, Miller and Birthisel (HMB) attorneys recently obtained a complete defense Final Award in an arbitration claim brought by a seaman for negligence, unseaworthiness, maintenance and cure, failure to treat under the Jones Act, and Disability Benefits under the applicable Collective Bargaining Agreement. After a three day Final Hearing, which was followed by fully briefed Post-Hearing Memorials from both sides, the Arbitrator concluded there was no evidence of negligence, unseaworthiness, or a failure to treat, and that HMB’s client had not only met, but exceeded its obligation to provide maintenance and cure. The Arbitrator also denied the seaman’s claim for disability benefits, as there was no evidence of a work-related accident.
HM&B Attorneys: Jerry Hamilton, Managing Partner, Carlos Chardon, Partner