During better than 30 years of practicing maritime law, this practitioner has advised seamen that their entitlement to maintenance and cure depended upon whether a need for medical attention “manifested” while they were in the employ of the vessel [...]

Unlike blue water seamen on foreign voyages, fishermen and processors have no remedy under federal maritime law that includes wage penalties. 46 U.S.C. sec. 10313(g) (daily double wage penalty does not apply to fishing vessels). Some courts have borrowed [...]

I called the insurance adjuster. “My client got hurt while working for your insured. I need your authorization for payment so he can see a doctor.” “We won’t authorize medical treatment,” she responded, “until you show me a medical [...]

In contracts of employment for fishermen and processors, vessel owners typically include language that requires employees to report injuries immediately. Many contracts go on to state that failure to report injuries within seven days will result in denial of the [...]

I. MAINTENANCE A. Per Diem Rates of Maintenance 1. Fishermen and Other Non-Union Seaman Most fishing companies put a rate of maintenance, paid to seamen in case of injury, in the employment contract--typically $20 or $25 per day. Courts [...]

A creative fad is afoot amongst marine insurance adjusters that reduces the compensation paid insured seamen who have to travel to medical appointments. For this year, 2010, some adjusters are paying only 16.5 cents per mile traveled, based upon [...]