An employee for Norwegian cruise lines was denied disability benefits after she slipped on salad dressing on her first day and was injured.
Shera Hodgson Williams slipped on a small amount of salad dressing during her first day and though she continued to work for three more years she suffered back pain from the incident. She told Norwegian about the incident years later. They were still willing to arrange for medical care and treatment even though it was delayed.
She underwent back surgery and claimed Norwegian was responsible for her surgery, as well as any future care that might be necessary because of the surgery. They denied her request because they did not think the surgery was “entirely necessary”. She sued, claiming negligence, unseaworthiness, maintenance and cure benefits and disability benefits. She demanded over $2 million in damages.
An arbitrator determined that the surgery was not medically indicated or necessary, and it did not seem to improve her symptoms. She argued that the arbitrator wrongly dismissed her claim. Norwegian opposed her request and brought a motion that would confirm the original ruling, arguing that she had not laid out any valid reasons for vacating the determination of the arbitrator. She was not awarded disability benefits or attorneys’ fees. The injury should have been reported in a timely manner and the benefits should have been reviewed.
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