Wallace Boudreaux v. Transocean Deepwater, Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Our prior opinion is vacated and withdrawn, and this opinion is substituted in its place.1 This case presents the question of whether a Jones Act employer who successfully establishes a defense to liability for further maintenance and cure under McCorpen v. Central Gulf Steamship Corp.2 is thereby automatically entitled to restitution for benefits already paid. The district court answered in the affirmative, creating a right of action never before recognized in maritime law. We reverse and render.

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Wallace Boudreaux began working for Transocean Deepwater,…