Published: May 10, 2013
By: Frederick B. Goldsmith
A seaman is entitled to maintenance and cure for any injury or illness that occurs, manifests, or becomes aggravated while he or she is in service of his or her ship. “Maintenance” refers to reasonable and necessary food and lodging expenses. “Cure” is the seaman’s right to reasonable and necessary medical care until the seaman has reached “maximum medical improvement,” defined as the point at which the condition is permanent or cannot be improved with further medical treatment.
As the U.S. Second Circuit Court of Appeals observed last July in Messier v. Bouchard Transportation, “[i]t does not matter whether he is injured because of his own negligence….It does not matter whether the injury or illness was related to the seaman’s employment…It does not even matter, absent active concealment, if the illness or injury is merely an aggravation or recurrence of a preexisting condition…This well-established rule does not permit an exception for asymptomatic diseases—so long as the illness was present during the seaman’s service, he is entitled to maintenance and cure.”
Recently, in Hicks v. Vane Line Bunkering, Inc., 2013 U.S. Dist. LEXIS 55043 (S.D.N.Y. Apr. 15, 2013), the jury found against Ciro “Charles” Hicks, a mate on Vane Line’s tugboat, on his Jones Act negligence and general maritime law unseaworthiness claims. But, it found Vane Line liable as to his maintenance and cure claims, and that this employer had acted willfully in underpaying and failing to pay him maintenance and cure. So, the jury assessed damages as follows: underpaid maintenance – $77,000, future maintenance – $16,000, future cure – $97,000, past pain and suffering – $132,000, and $123,000 in punitive damages.
Given the willfulness finding, the Court also ordered Vane Line to pay Hicks’ attorney’s fees and expenses, including paralegal time. It valued Hick’s highly-experienced admiralty attorney’s services at $400/hour and the paralegal’s time at $150/hour, together with case expenses (depositions, copies, filing fees, etc.) totaling $112,083.77.
Thus, if you are a seaman and may not ultimately have a winning Jones Act negligence or general maritime law unseaworthiness case, you may still have a valuable general maritime law maintenance and cure claim, particularly where your employer has acted callously or willfully in failing to pay or underpaying you maintenance and/or cure.