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88 Tul. L. Rev. 807 (2013-2014)

handle is hein.journals/tulr88 and id is 863 raw text is: RECENT DEVELOPMENTS Maintain a Seaman's Protection or Cure a Seaman's Fraud? Weighing the Proper Balance Between Seamen and Employers I. OVERVIEW ......................................807 II. BACKGROUND ............................. ......808 A. The Roots ofMahntenance and Cure.................... 808 B. How a Seaman Can Forfeit Mahtenance and Cure: Developing the McCorpen Defense .......... ....809 C Restitution ofPrior Maintenance and Cure Payments upon Establishing a McCorpen Defense.......... 810 111. CouRT'sDECISION ...............................811 IV ANALYSIS ......................................814 I. OVERVIEW Wallace Boudreaux had been working less than five months when he first filed for maintenance and cure from his employer, Transocean Deepwater, Inc.' After working on the anchor of a Transocean vessel in May 2005, he claimed that he had injured his back due to the company's negligence.' Transocean thereafter began making maintenance and cure payments to Boudreaux.! These awards did not satisfy the seaman, though, and almost three years later, in April 2008, he sued for further damages. The suit led Transocean to a revelation during discovery: in his initial medical interview with the company, Boudreaux never acknowledged that he had had back injuries and pain as early as 1997.2 Based on this concealment, Transocean filed a motion for summary judgment, leading the district court to dismiss Boudreaux's maintenance and cure claims in April 2010.' By that point, though, Transocean had already paid him $276,263.36 over nearly five years. 1. Boudreaux v. Transocean Deepwater, Inc., 721 E3d 723, 724, 2013 AMC 2457, 2458 (5th Cir. 2013). 2. Boudreaux v. Transocean Deepwater, Inc., No. 08-1686, 2011 WL 5025268, at *1 (E.D. La. Oct. 20, 2011). 3. Id. 4. Id. 5. Id. 6. Id. 7. Id. 807

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