Maintenance & Cure
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue maintenance & cure:
Hall
v. Noble Drilling
Fifth Circuit Court of Appeals
February 22, 2001 (Revised)
Maintenance & Cure: the District
Court correctly calculated the maintenance amount due plaintiff based on
his total monthly mortgage payment rather than prorating the monthly mortgage
by family members.
Greenwell
v. Aztar Indiana Gaming Co.
Seventh Circuit Court of Appeals
October 4, 2001
Jones Act/Maintenance & Cure: since
plaintiff casino boat employee dropped her allegation that she had had
been injured at work onboard the vessel, her medical malpractice claim
against her employer, which was based the employer's Jones Act and maintenance
& cure obligations and the doctrine of respondeat superior, should
have been dismissed on the merits; Procedure: plaintiff did not
allege an admiralty claim under Rule 9(h) and thus could not use the third
party vouching in mechanism of Rule 14(c), but this did not prevent her
from using the non-admiralty third party claim procedure under Rule 14(a).
Britton
v. U.S.S Great Lakes Fleet
Eighth Circuit Court of Appeals
September 9, 2002
Maintenance & Cure:
Where a seaman is required to provide pre-employment
medical information, and he intentionally
misrepresents or conceals material medical facts, he is not entitled to
an award of maintenance and cure if the injury incurred is causally linked
to the concealed medical condition. However, the employer must show that
the non-disclosed medical information was material to its decision to hire
the seaman to successfully defend against maintenance and cure. Since there
was an issue of fact in this case whether the non-disclosed condition was
material to the owner's decision to hire plaintiff, the district court
erred in dismissing plaintiff's claim on motion for summary judgment. Seaworthiness:
Unseaworthiness is a claim under general maritime law based on the vessel
owner’s duty to ensure that the vessel is reasonably fit to be at sea.
The warranty of seaworthiness requires that the ship, including the hull,
decks, and machinery, be reasonably fit for the purpose for which they
are used. Plaintiff's allegation that the vessel was unseaworthy because
there was a shortage of crew available to open the stairwell covers and
vent hatches, which lead to his having to perform those tasks alone resulting
in his back injury, was sufficient to raise an issue of fact to be resolved
by a jury. Jones Act: Plaintiff's allegation that the health care
provider assigned by the owner failed to exercise due care when reassigning
plaintiff back to work was a sufficient allegation of Jones Act negligence
to be resolved by a jury.
In
re Marine Asbestos Cases
Ninth Circuit Court of Appeals
September 10, 2001
Jones Act/Maintenance & Cure/Seaworthiness:
plaintiff
seamen, none of whom had been diagnosed with an asbestos-related medical
condition, had no claim under the Jones Act or under the doctrines of seaworthiness
and maintenance & cure for the costs of medical monitoring that would
provide each plaintiff with a single baseline medical examination.
MILES
v. AMERICAN SEAFOOD
Ninth Circuit Court of Appeals
December 13, 1999
Maintenance & Cure/Releases: interpreting
a seaman's release of a maintenance and cure claim is a legal issue for
the court to decide, which construes any ambiguities against the drafter
and in favor of the seaman.
Espinal
v. Royal Caribbean Cruises
Eleventh Circuit Court of Appeals
June 8, 2001
Maintenance & Cure: the district
court erred in relying on the general maritime law, rather than the terms
of the applicable Collective Bargaining Agreement ("CBA"), in calculating
the amount of unearned sick wages due plaintiff seaman. |