Martinez is a Honduran citizen who suffered a back injury while employed as a mason aboard Carnival’s vessel, the Fascination. Martinez worked ten hours per day, seven days a week, and was required to lift and transport boxes of tiles and cement and heavy rolls of carpet. During his employment, Martinez developed back pain, which he reported to his supervisor. After his condition worsened, and he began to feel pain not only in his back but also in his lower extremities, Martinez sought further medical care.
Martinez had back surgery in Panama, performed by Carnival’s selected physician, Dr. Avelino Gutierrez. After the surgery, Martinez continued to experience serious orthopedic and neurological problems, including numbness in both legs, difficulty urinating, need for a catheter, sexual dysfunction, and psychological problems. Carnival sent Martinez to Miami, where he continued to receive medical treatment.
The Seafarer’s Agreement, which covered the terms of Martinez’s employment, included an arbitration clause stating that, except for wage disputes, “any and all disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, or Seafarer’s service on the vessel, shall be referred to and finally resolved by arbitration.” [R. DE 1-1 at 6, ¶ 7.]
Judge(s): Joel Dubina
Jurisdiction: U.S. Court of Appeals, Eleventh Circuit
Related Categories: ADR , Contracts , Employment
|Circuit Court Judge(s)|
|John Walker, Jr.|