(Trial News, July/August 2014)
Maintenance and cure (including unearned wages) is payable only to the point of maximum cure. Farrell v. United States, 336 U.S. 511 (1949) That’s black-letter law, right? Maybe not. In Warren v. United States, 1949 A.M.C. 170, 75 F.Supp. [...]
(Trial News, October 2014)
Some insurance adjusters don’t start paying maintenance to injured seamen until the day after the seaman gets off the vessel, claiming that the seaman was paid wages for that day, as well as free room and board. Similarly, maintenance [...]
(Trial News, April 2014)
Fishermen are notorious liars — from the size and quantity of fish caught to what was promised in payment for catching those fish. That’s part of the reason Congress passed 46 U.S.C. 10601 in 1988. Written employment contracts are [...]
(Trial News, April 2014)
Your Content Goes Here Cases where the amount of daily maintenance is at issue traditionally have involved unmarried seamen — often itinerant — living in a cheap apartment or a flophouse hotel, usually near the docks or the airport. [...]
(Trial News, October 2013)
Injury benefits under the Jones Act and the general maritime law, and under state-based systems of workers’ compensation, are mutually exclusive for the most part. There are a few exceptions, however. In 1988 the Alaska Legislature extended workers’ compensation [...]
(Trial News, July/August 2013)
Trial courts have been hopelessly divided over how–or whether–to apply the summary judgment standard of Rule 56 to motions by injured seamen to reinstate maintenance and cure benefits after being cut off by their employer. The Washington Supreme Court [...]
