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Lawyers, other representatives, expert(s), tribunal’s secretary

    Final Award

    I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into between the above-named parties and signed by Respondent on December 02, 2013 and by Claimant on December 8, 2013, and having been duly sworn, and having duly heard the proofs and allegations of the parties, do hereby, AWARD, as follows:
    This arbitration demand dated December 23, 2014 was filed on February 5, 2015 with the International Centre for Dispute Resolution ("ICDR"). Prior to arbitration commencement this dispute was litigated over five years. The arbitrator was appointed on September 24, 2015. As a preliminary matter, the arbitrator ruled that U.S. law applies. The arbitration evidentiary hearing was held from November 4, 2019 through November 19, 2019. The parties were represented by the following counsel:

    • On behalf of Claimant: Michael F. Guilford, Esq., Peter P. Sotolongo, Esq., and Deborah Gander, Esq.

    • On behalf of Respondent: Jerry Hamilton, Esq., Krista Fowler Acuna, Esq., Dale P. Clarke, Esq., and Elisha Sullivan, Esq.

    The hearing record was closed on March 9, 2020.

    On December 31, 2013, Claimant had shipboard lifting incident involving an approximately five-pound milk crate. Respondent sent Claimant to Dr. Nevagi in his home country, India. May 18, 2014, was Claimant's last day of treatment with Dr. Nevagi. On September 29, 2015, Claimant visited a Dr. Hyde who performed a discectomy and fusion due to back pain. There were no new symptoms. Nor, were there new complaints for an entire year after this surgery.
    On January 20, 2017, Dr. Hyde performed a second surgery to remove hardware from the 2015 fusion. There is no proof that the initial injury was connected with the new pain for which Claimant sought Dr. Hyde's services. In fact, three years after his initial injury on the ship, Claimant is filmed walking and standing with a backpack for 40-50 minutes. Arbitrator had privy to additional films/photos during trial exhibiting this same behavior even occurring in the doctor's office.
    Claimant's second and following injuries do not match up with what happened in the first injury. There is no medical way to explain his actions nor, real way to determine if these injuries are real or made-up. A slew of doctors who have examined the Claimant, cannot explain how he received his present injuries.
    This Arbitrator is startled by the way the Claimant looked at the beginning of this arbitration, compared to today. Claimant enters the Final Hearing on November 4, 2019 in a wheelchair with a face that looks as if he's about to die. He talks to everyone about his injuries. When he is out of the hearing room this Arbitrator has observed he is a different man. During the trial he is emotional, but once he is wheeled out of the courtroom he suddenly looks as if he has put on an act. This has been noticed by both sides, the court reporter, and those in trial, especially the doctors. He is seen as a faker or a good actor. Nothing in the pleadings explains his behavior.
    The Claimant is taking advantage of the process. His doctors agree that the only care necessary is pain management and psychotherapy. The evidence speaks for itself. Respondent has agreed to pay for this pain management and psychotherapy, calculated in the amount of $28,000. Respondent has already paid over $600,000 to Claimant for maintenance and cure. Further, Respondent has been paying over $5,000 per month to house and feed not only Claimant but his entire family. Claimant does not have to return this money. Respondent is no longer responsible for the $5,000 per month payment to Claimant.
    This Arbitrator hereby awards $28,000 to the Claimant for the ability to rehabilitate himself. Any motions filed after January 2, 2020, are hereby denied.
    For the reasons stated above, I award as follows:

    1. Within 30 days from the date of transmittal of this Final Award to the parties, Royal Caribbean Cruises Ltd., hereinafter referred to as Respondent, shall pay to Jimson Faleiro, hereinafter referred to as Claimant, the sum of $28,000.00 representing the awarded damages.

    2. The administrative fees of the ICDR totaling to $5,000.00 and the compensation of the arbitrator totaling to $110,700.00 shall be borne by the parties as incurred.

    3. This Final Award is in full settlement of all claims and requests submitted in this arbitration.

    I hereby certify that, for the purposes of Article I of the New York Convention of 1958, on the Recognition and Enforcement of Foreign Arbitral Awards, this Final Award was made in Miami, Florida, United States of America.
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