Background:

The plaintiff, Martin Nunez ("Seaman") was injured while working as a crew member of the dredge, the George D. Williams. The dredge was owned and operated by the defendant, Weeks Marine ("Employer").

Seaman filed suit against his employer, and later amended his complaint to include Atlantic Sounding Company. Seaman claimed damages under the Jones Act and general maritime law, predicated on negligence and unseaworthiness of the vessel, as well as maintenance and cure.

The employer and other defendant denied the seaman's injuries were caused by the accident, and further denied they were negligent. The defendants also disputed the extent and nature of the injury, and stated that seaman had received the appropriate amount of maintenance and cure.

The Jones Act and unseaworthiness claim went on trial before a jury. The jury found the barge was not unseaworthy. Thus, only the question of maintenance and cure remain to be determined.

Issue: Whether the seaman was entitled to maintenance and cure benefits.

Held:

The seaman bears the burden of proving that he was injured while in the course of his employment aboard the vessel. He must also show his employer failed to pay his maintenance and cure, and the failure to do so was unreasonable, arbitrary and capricious.

The evidence supported the conclusion that the seaman sustained a herniated cervical disk, herniated lumbar disk, an inguinal hernia and an injury to the shoulder while aboard the vessel.  The physician further concluded the seaman was injured while at work.

The Court relied on these statements, and held the defendants owe seaman the remaining maintenance and cure.

Significance:

A seaman injured while in the course of his employment has a claim for maintenance and cure.

The employees can recover maintenance and cure without affecting their rights to other types of recovery, such as under the Jones Act.

Maintenance is the right of a seaman to have their food and lodging paid for by their employer. To recover maintenance, the seaman must produce evidence that is sufficient for the Court to estimate his actual expenses.

Cure is the right to necessary and appropriate medical services.

Both maintenance and cure can be given until the seaman fully recovers.

Steve Gordon
http://www.offshoreinjuries.com