Kevin Marks & Ashley Blair obtain defense judgment in LHWCA case

MMK attorneys, Kevin Marks and Ashley Blair, obtained a full defense judgment in a Longshore and Harbor Workers’ Compensation Act (LHWCA) claim.

The case involved a witnessed offshore accident in which the claimant fell 7 to 10 feet off a personnel basket onto the deck of a workboat, causing a bump on the back of his head. He was immediately checked out by the company’s doctor, diagnosed with a minor head contusion, and cleared to return to offshore work at full duty.

Subsequently, the claimant brought this LHWCA claim against its employer, contending that he suffered bulging cervical and lumbar disc injuries, was unable to return to work, and sought to recover over $300,000.00. Through investigation, MMK attorneys located evidence that the claimant was running a boot camp and coaching on the side.

At trial, the Court heard testimony from the claimant and weighed the claimant’s credibility. The Court ultimately denied the claimant’s LHWCA claim and found in favor of MMK’s client, the claimant’s employer.

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