Nature of the Case
To access this section all you need to do is click here and register.
Facts
P was a seaman aboard D's S.S. Robert S. McNamara. He was discharged and left the ship on June 29, 1968. P filed suit based on a claim that on April 4, 1968, while replacing a lower engine room deck plate, he slipped and fell on the oily floor plate causing his head to suffer a severe blow when it struck an electrical box. P asked for maintenance and cure. P suffered from a vestibular disorder defined as damage to the balancing mechanism of the inner ear. Dr. Heil, an otolaryngologist, supplied the only medical diagnosis as to the time when the disorder became permanent and not susceptible to curative treatment. Dr. Heil testified on April 27, 1972, that he had recently examined P. He conceded that a severe blow to the head, such as alleged by P, could have caused the disorder. He said that the disorder is not a condition that can be cured by treatment. The jury awarded P maintenance and cure in the amount of $5,848. D moved for a judgment notwithstanding the verdict on the ground that the award was not within the permissible scope of maintenance and cure. The Court denied the motion and stated: 'While it is true that maintenance and cure is not available for a sickness declared to be permanent, it is also true that maintenance and cure continues until such time as the incapacity is declared to be permanent.' The Court of Appeals reversed and held that 'once the seaman reaches 'maximum medical recovery,' the shipowner's obligation to provide maintenance and cure ceases,' and since 'the record in this case does not permit an inference other than that P's condition was permanent immediately after the accident,' the District Court's holding impermissibly extended D's obligation. P appealed.
Support@ bsmsphd.com
Casebriefs Co