Maritime Injury Blog

Offshore company liable for aggravating employee’s back condition

A roustabout on a drilling vessel has prevailed in his back injury claim against his employer.

A Louisiana federal court recently ruled in favor of Keith Townsend, the plaintiff, awarding him $100,000 plus prejudgment interest, in his claim against his employer, Diamond Offshore Drilling. Diamond maintains a fleet of drilling vessels.

Originally, Townsend was hired by Diamond contingent upon passing a physical examination and drug screen. Even though an MRI indicated two potential herniated discs and a nerve root issue, Townsend was cleared for employment by Dr. Khan, the physician assigned by the company.

While on the job, Townsend complained of back and thigh pain to his private chiropractor, who he saw during his time off. Though he never disclosed the condition to Diamond, he did use the company’s insurance plan to cover the visits.

In May of 2006, Townsend alleged he suffered a back injury on the job while pulling on a cable, leading him to undergo lumbar disc surgery.

Townsend brought legal action against Diamond, seeking past and future compensation for pain caused by the lumbar surgery.

Diamond countered that there were no witnesses to the alleged accident and that they were not responsible because they had relied upon the doctor in Houston who had cleared Townsend for employment.

The court agreed with the plaintiff, ruling that even though he had a pre-existing back condition, the company was liable because the physician was an agent of the company.

Read the entire case here.