Ex-Cruise Worker Says She Didn't Hide Preexisting Conditions

By Carolina Bolado (September 23, 2021, 2:28 PM EDT) -- A former cruise ship worker asked the Eleventh Circuit on Thursday to reverse a judgment in favor of her employer, a shipboard spa contractor, in a dispute over health care costs, arguing she didn't intentionally conceal any preexisting conditions before taking the job.

In oral arguments before an appellate panel, an attorney for Sarabeth Witbar told the court that the district court judge misapplied the McCorpen defense — so named after the Fifth Circuit's 1968 decision in McCorpen v. Central Gulf Steamship Corp. — to give Witbar's employer Mandara Spa (Hawaii) LLC the win in her Jones Act suit.

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