Fifth Circuit Affirms Exclusion of Offshore Employee’s Drug Test Evidence and Substantial Jury Award

In a recent admiralty and maritime case, Hale v. Wood Grp. PSN, Inc., No. 18-31090, 2019 WL 1773276, at *2 (5th Cir. Apr. 22, 2019), the Fifth Circuit affirmed the exclusion of a drug test as evidence pertaining to Plaintiff, an employee working on an offshore supply vessel, and a substantial jury award. Hale v. Wood Grp. PSN, Inc. Background Plaintiff was employed offshore as an erosion and corrosion technician. He was required to spend extended periods offshore, accessing platforms via offshore supply vessels. Prior to his employment with Oceaneering, Plaintiff injured his shoulder and was prescribed hydrocodone. He also had a prescription for Adderall. In June 2014, Plaintiff was injured during a personnel basket transfer when the basket struck equipment on the deck of the vessel, causing him to fall from the basket onto the deck. He alleged significant injuries to his back and took hydrocodone following the accident. A post-accident drug screen showed…

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