San Diego partner André Picciurro recently secured a complete dismissal of an arbitration claim against a firm cruise line client pending in Bermuda.
The claimant, a Serbian national, worked for a firm cruise line client and alleged his working conditions caused back injuries requiring surgery. Claimant appeared for a deposition and testified under oath that he had never previously worked in the cruise industry and never had prior back problems. Plaintiff was seeking damages in excess of $500,000 and commenced arbitration proceedings in Bermuda, pursuant to his employment contract.
Following the claimant’s deposition, the firm uncovered the fact that claimant worked for another cruise line. The firm was able to obtain his employment and medical records from this previous employer, which revealed that claimant had already sustained a back injury for which surgery was recommended prior to working for the firm’s client. The claimant intentionally concealed this information in his application for employment with the firm’s client and in his deposition.
Upon obtaining a copy of claimant’s prior employment and medical records, claimant’s counsel quickly withdrew from representation. The claimant was unable to find other counsel in the time allotted by the arbitrator, and the arbitrator in Bermuda dismissed this arbitration claim.