Maritime Injury Law Blog http://www.maritimeinjurylawyersblog.com/ Published By Beard Stacey & Jacobsen, LLP en Copyright 2012 Wed, 25 Jan 2012 14:36:37 -0800 http://www.sixapart.com/movabletype/?v=3.33 http://blogs.law.harvard.edu/tech/rss Is There a Correlation Between Long Shifts, Too Few Crewmembers, and Unseaworthiness? BACKGROUND
In the matter of Samson Ili vs. American Seafoods Company, LLC, and American Triumph, LCC, et al, a Washington Federal trial case, Samson Ili worked as a factory processor aboard F/T AMERICAN TRIUMPH for four years until February 9, 2007, the date of his injury. AMERICAN TRIUMPH is part of the American Seafoods Company (ASC) fleet. He had received favorable work reviews during that time. His work duty consisted mainly of manually lifting and transferring pans of frozen fish from a plate freezer to a moving conveyor belt. The pans of fish weigh between 50 and 75 pounds each. This was often done while the ship was rolling, making balance an ongoing issue. There were no handrails or stable areas on which to lean, so Mr. Ili had fallen a few times over the years during unpredictable seas. Typically, Mr. Ili would take a wide stance, adjusting foot position as needed to compensate for the rolling of the ship.

]]> http://www.maritimeinjurylawyersblog.com/2012/01/is_there_a_correlation_between_1.html http://www.maritimeinjurylawyersblog.com/2012/01/is_there_a_correlation_between_1.html Recent Maritime News Wed, 25 Jan 2012 14:36:37 -0800 Seaman’s Right to Maintenance and Cure Is Not Subject to Employer’s Demand for Independent Medical Exam In March of 2011, in Tuyen Thanh Mai v. American Seafoods Company, LLC, the Washington State Court of Appeals upheld the ruling that American Seafoods Company (ASC) did not have the right to deny seaman Tuyen Thanh Mai maintenance and cure when she did not agree to ASC’s demand for an independent medical examination (IME) prior to her knee replacement surgery. The Court also held that Mai is entitled not only to the maintenance and cure that ASC had withheld from her, but also to compensatory damages and attorney fees, sending a strong message to employers that maintenance and cure are fundamental rights not to be denied a seaman.

]]> http://www.maritimeinjurylawyersblog.com/2011/12/seamans_right_to_maintenance_a.html http://www.maritimeinjurylawyersblog.com/2011/12/seamans_right_to_maintenance_a.html Vessel Sinkings Tue, 20 Dec 2011 10:14:30 -0800 One Man Missing After Oregon Crab Boat Capsizes Last week the F/V RANDI capsized near the entrance to Coos Bay. Three men were aboard the boat, which was reportedly loaded with gear in anticipation of the opening of the dungeness crab season. Jim Peterson of Coos Bay was reportedly in the wheel house of the vessel when the capsizing occurred. Two other deckhands were saved, but Peterson was not found. The Coast Guard is investigating the cause of the accident. The Washington and Oregon dungeness crab fishery remains one of the most deadly and dangerous fisheries in the world.

]]> http://www.maritimeinjurylawyersblog.com/2011/12/one_man_missing_after_oregon_c.html http://www.maritimeinjurylawyersblog.com/2011/12/one_man_missing_after_oregon_c.html Missing Crewmembers/persons Mon, 19 Dec 2011 12:56:20 -0800 Who Pays Seaman's Attorney's Fee When Employer Refuses Medical Treatment? The usual rule in litigation is that each party pays its own attorney’s fee. It’s called the “American Rule.” There are exceptions to this rule, however. One such exception has to do with maintenance and medical bills of a seaman who is injured while working. In a case pending in front of the Washington State Supreme Court, a case being handled by Beard Stacey & Jacobsen, LLP, all sorts of issues regarding an attorney’s fee award are being considered when the employer fails to pay maintenance and cure. Maintenance and cure is a fundamental right to each seaman who has been injured while in the vessel’s service. The OSCEOLA, 189 U.S. 158, 175, 23 S. Ct. 483, 47 L. Ed. 760 (1903); Vaughan v. Atkinson, 369 U.S. 527, 532, 82 S. Ct. 997, 8 L. Ed. 2d 88 (1962). This is a no-fault obligation that must be paid. Some employers, however, refuse to fulfill their obligation and willfully withhold maintenance and cure. The pending Washington State Supreme Court case, Clausen v. Icicle Seafoods, Inc., addresses what remedies are available to the seaman when the employer fails to fulfill his or her obligation to maintenance and cure.

]]> http://www.maritimeinjurylawyersblog.com/2011/10/who_pays_seamans_attorneys_fee.html http://www.maritimeinjurylawyersblog.com/2011/10/who_pays_seamans_attorneys_fee.html Legal Cases & Concerns Tue, 04 Oct 2011 10:03:05 -0800 Expanding Seamen’s Rights By Pursuing Punitive Damages A pending case in the Washington State Supreme Court is one of the first in the nation to deal with when and how much in punitive damages can be awarded. Punitive damages are awarded to punish bad behavior. The case deals with one of a seaman’s fundamental rights: the right to maintenance and cure. Maintenance and cure are traditional remedies under maritime law. “Maintenance” is the daily payment to cover certain living expenses expected while on a vessel; “cure” refers to the payment of certain medical bills. They are designed to provide a seaman with food, lodging and medical care when one becomes sick or injured in the vessel’s service. The OSCEOLA, 189 U.S. 158, 175, 23 S. Ct. 483, 47 L. Ed. 760 (1903); Vaughan v. Atkinson, 369 U.S. 527, 532, 82 S. Ct. 997, 8 L. Ed. 2d 88 (1962). Maintenance and cure are no-fault obligations employers must fulfill so long as the injury occurred while in the ship’s service and until the seaman reaches maximum cure. West v. Midland Enters., 227 F.3d 613, 616 (6th Cir. 2000), Gardiner v. Sea-Land Serv., Inc., 786 F. 2d 943, 945-46 (9th Cir. 1986).

]]> http://www.maritimeinjurylawyersblog.com/2011/10/expanding_seamens_rights_by_pu.html http://www.maritimeinjurylawyersblog.com/2011/10/expanding_seamens_rights_by_pu.html Legal Cases & Concerns Tue, 04 Oct 2011 09:51:04 -0800 Crewman Seriously Injured On Alaska Fishing Vessel KITTIWAKE A nineteen year old crewman has reportedly been seriously injured while working on the deck of the 38-foot fishing vessel KITTIWAKE. The accident happened on August 18th when a line under tension snapped, striking Daniel Cornelius in the head, causing facial injuries and knocking him unconscious. The United States Coast Guard airlifted Cornelius from the vessel. He was transported to Kodiak Island for emergency medical treatment and evaluation.

]]> http://www.maritimeinjurylawyersblog.com/2011/08/crewman_seriously_injured_on_a.html http://www.maritimeinjurylawyersblog.com/2011/08/crewman_seriously_injured_on_a.html Injury at Sea Tue, 23 Aug 2011 10:40:45 -0800 Coast Guard Responds To Mayday Call From TWO SONS Off San Francisco The Coast Guard in San Francisco received a distress call from the crew of the 31-foot commercial fishing vessel TWO SONS, Wednesday, July 20, about eight miles west of the Golden Gate Bridge. Reports informed the Coast Guard that the vessel was taking on water with two people on board. The boat operator reported that the rate of flooding far exceeded the rate at which the crew could discharge the water from the vessel using the onboard dewatering equipment.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/coast_guard_responds_to_mayday.html http://www.maritimeinjurylawyersblog.com/2011/07/coast_guard_responds_to_mayday.html Recent Maritime News Tue, 26 Jul 2011 16:20:25 -0800 Injured Fisherman Hospitalized For Arm Laceration Aboard CAPTAIN MARK In Massachusetts The Coast Guard in Boston was notified Tuesday, July 12 by the crew of the stern trawler CAPTAIN MARK that a crewman required assistance for an arm laceration 54 miles east of Merrimack River. A Coast Guard Station Gloucester rescue boat and crew responded to the call.

Medical personnel assessed the injured crewman, then transferred him to the Coast Guard rescue boat where he was safely taken to Gloucester Harbor. The crew was met at shore by local emergency medical services for transport to a hospital. Due to the laceration and blood loss, officials were worried that the crewman might lose the limb. Published reports do not indicate what caused the laceration, and the fisherman’s condition at this time is unknown.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/injured_fisherman_hospitalized.html http://www.maritimeinjurylawyersblog.com/2011/07/injured_fisherman_hospitalized.html Offshore Injury Tue, 26 Jul 2011 16:14:02 -0800 Five Rescued From Sinking PENNY V Off Sanibel Island, Florida Watchstanders at Coast Guard Sector St. Petersburg received an alert from an emergency beacon registered to the PENNY V Friday, July 8, after the 68-foot fishing vessel began to take on water west of Sanibel Island, FL. The Coast Guard diverted the crew of the 210-foot Coast Guard Cutter RESOLUTE to the scene to assist the distressed crew.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/five_rescued_from_sinking_penn.html http://www.maritimeinjurylawyersblog.com/2011/07/five_rescued_from_sinking_penn.html Vessel Sinkings Thu, 21 Jul 2011 11:43:32 -0800 One Dead, One Seriously Injured After HIGH LIFE Capsizes Off Boston Shore One man is dead and another is seriously injured after the vessel they were traveling in capsized Saturday, July 16, in outer Boston Harbor, Mass. According to State Police spokesman David Procopio, the 30-foot vessel HIGH LIFE “broke apart and capsized for reasons still under investigation,” launching both passengers into the water. Neither passenger was wearing a life jacket. The boaters were identified as Michael Spirito, 58, and Robert Fox, 63.

Coast Guard Sector Boston was notified of the capsizing around 6:15 Saturday evening, and responded to the call immediately, along with the Boston Fire Department, the State Police, and the Environmental Police. The victims, who had severe chest and head injuries, were pulled from the water and taken to shore where emergency medical services were waiting. Spirito had been pronounced dead, and Fox was rushed to a Boston area hospital by a helicopter crew for his life-threatening injuries. Fox was listed in critical condition as of Monday, July 18.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/one_dead_one_seriously_injured.html http://www.maritimeinjurylawyersblog.com/2011/07/one_dead_one_seriously_injured.html Vessel Capsizings Thu, 21 Jul 2011 11:38:44 -0800 Three Injured In Capsizing Of LOONEY TUNA In Southwest Pass Coast Guard Sector New Orleans watchstanders received notification Tuesday July 12, that the 36-foot fishing vessel LOONEY TUNA was taking on water and had capsized. Three of the six on board reportedly suffered injuries. The Coast Guard launched two helicopter rescue crews and one boat crew to the scene, where they successfully hoisted the three injured fishermen and transported them to a nearby hospital. The rescue boat and crew safely transported the other three fishermen to shore, where emergency medical services awaited their arrival.

The Coast Guard stresses the importance of having marine-band radios, emergency position indicating radio beacons, life jackets and signaling devices on board. Having this sort of equipment on board allowed the crew of the LOONEY TUNA to make a call requesting help.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/three_injured_in_capsizing_of.html http://www.maritimeinjurylawyersblog.com/2011/07/three_injured_in_capsizing_of.html Vessel Capsizings Tue, 19 Jul 2011 17:10:22 -0800 Dangers of Cold Water Despite warming air temperatures in the summer months, summer water temperatures in Washington State average just 55 degrees. These low water temperatures carry a high risk of hypothermia and drowning. As the human body enters cold water, it becomes shocked. The body instinctively gasps for air, increasing the danger of swallowing too much water which may lead to drowning. Blood pressure and heart rate also greatly increase as the body is shocked. This can trigger panic, hyperventilation and cardiac arrest. Furthermore, in this state of shock, the human body naturally takes blood flow from the arms and legs and puts it to the core to warm the center of the body, which poses risks of muscle failure and inability to swim. The Coast Guard reminds all boaters of these very real risks, and urges boaters to take caution during the busiest months on the water. It is essential to realize that the dangers of the cold water exist even in the otherwise warm weather.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/dangers_of_cold_water.html http://www.maritimeinjurylawyersblog.com/2011/07/dangers_of_cold_water.html Interesting Info Tue, 19 Jul 2011 17:08:04 -0800 ICE MAIDEN Sunk In Prince William Sound, Coast Guard Developing Salvage Plans The 36-foot fishing vessel ICE MAIDEN capsized Sunday, July 3 in the Prince William Sound off Rocky Point, Alaska. Reports say the vessel capsized while hauling in a net full of salmon. Good Samaritan fishing vessels NEW VENTURE and AQUANATOR were fishing in the area and provided assistance and transported the crew to nearby Cordova. ICE MAIDEN then sank and came to rest on the seafloor in 35 to 45 feet of water, said Coast Guard Lt. Cmdr. Jason Boyle.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/ice_maiden_sunk_in_prince_will.html http://www.maritimeinjurylawyersblog.com/2011/07/ice_maiden_sunk_in_prince_will.html Vessel Sinkings Tue, 12 Jul 2011 16:48:14 -0800 Injured Fisherman Medically Evacuated From MISS MARIA West Of Naknek Coast Guard Sector Anchorage watchstanders were notified that a crewman aboard the 32-foot fishing vessel MISS MARIA was suffering from a severely broken forearm, Friday, July 1.

The Coast Guard deployed a helicopter crew to the scene, and safely hoisted the 56-year-old fisherman and transferred him to awaiting emergency medical services in Kodiak. It was determined that the fisherman suffered a double compound fracture to his right forearm. Published reports do not indicate the cause of his injury. The fisherman was taken to Providence Kodiak Island Medical Center in reportedly stable condition.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/injured_fisherman_medically_ev_1.html http://www.maritimeinjurylawyersblog.com/2011/07/injured_fisherman_medically_ev_1.html Injury at Sea Fri, 08 Jul 2011 14:27:30 -0800 Coast Guard Medevacs Fisherman From Seattle-Based HEIDI LINEA Off Kodiak, AK Watchstanders from Coast Guard District Seventeen received notification Thursday, July 7, that Anthony Imas, 50, was injured and required medical assistance. Imas was reportedly suffering from severe back pain after falling aboard the 50-foot fishing vessel HEIDI LINEA.

The Coast Guard directed the launch of a helicopter rescue crew, which arrived on the scene and safely hoisted Imas off the vessel. Coast Guard reports indicate that Imas was in stable condition as of 9:45 Thursday night. Emergency medical services were waiting for Imas’ arrival in Kodiak, where he was taken to Providence Kodiak Island Medical Center for further care.

]]> http://www.maritimeinjurylawyersblog.com/2011/07/coast_guard_medevacs_fisherman.html http://www.maritimeinjurylawyersblog.com/2011/07/coast_guard_medevacs_fisherman.html Injury at Sea Fri, 08 Jul 2011 14:11:47 -0800