Mccorpen v. Central Gulf Steamship Corporation

396 F.2d 547 (5th Cir. 1968)

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Nature of the Case

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Facts

P had diabetes. During his twenty years as a merchant seaman, P had never been prevented from doing his work aboard ship because of illness; but he did have a history of diabetes dating from 1953. P required daily insulin shots and strict diet control. Before joining the crew of D's ship P underwent a physical examination by the United States Public Health Service and was found to be fit for duty. On March 16, 1966, he joined the crew as a third cook. As part of its hiring procedure, D required applicants to take a pre-employment physical examination. In filling out the 'Physical Examination Report & Record,' P gave the following answers: Injuries: back strain 1961; Illness: no; Surgery: no. P affixed his signature to a statement reading, 'I have never been injured, sick, or otherwise disabled except as stated above.' P never revealed that he is a diabetic. P was approved for employment. The heat in the galley where P worked became extreme and he began seeing double. He was treated twice by a doctor in India and at the end of the voyage was treated at a public health facility in Galveston. The trial judge found that he was hospitalized for diabetes control with a diagnosis of diabetes mellitus and 'chronic anemia, etiology undetermined.' P brought a suit for maintenance against D. The court found that P was not entitled to recover maintenance of $312.00, attorneys' fees of $1,000, interest, and costs because he knowingly failed to disclose a pre-existing physical disability during his pre-employment physical examination. P appealed.