Baker v. Ocean Systems, Inc.,

454 F.2d 379 (5th Cir. 1972)

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Nature of the Case

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Facts

On August 12, 1968, P was struck on the head with a pool cue. P incurred medical expenses totaling $7,094.74. He spent 43 days as an in-patient in a hospital and an additional 218 days until he reached the maximum cure. P had been employed by D as a marine diver-tender. P claimed that on the date of the accident he was employed as a seaman by D and that he had been employed as such for more than a one-year period. D denied that P was employed on the date of the accident, but admitted that he had been employed intermittently during a period in excess of one year prior to August 12, 1968. D acknowledged that P had been employed by it during the period of July 28, 1968, through August 11, 1968, and that during that period of time, he had certain duties aboard the WESTERN EXPLORER, but averred that this was the only time that P had any duties whatsoever aboard that vessel while in its employ. D claimed that the injury to P did not arise out of his employment as a seaman, even assuming he was a seaman, and did not occur while P was in the service of any ship. The Court found that P was a seaman within the meaning of Offshore Company v. Robison. It also found Court found 'that the P had just completed a tour of duty for his employer, on one of the vessels operated by D, in the course of its business. The job which the vessel was employed to do had terminated. I held that P was not engaged in any activity in the service of any ship at the time this incident occurred and denied maintenance and cure. P appealed.