SEAMAN ORDERED TO WATCH VIDEO SHOWING WOMEN HAVING SEX WITH ANIMALS MAY BE ENTITLED TO MAINTENANCE AND CURE EVEN THOUGH SEAMAN MAY HAVE LIED ON PRE EMPLOYMENT PHYSICAL...
SEAMAN ORDERED TO WATCH VIDEO SHOWING WOMEN HAVING SEX WITH ANIMALS MAY BE ENTITLED TO MAINTENANCE AND CURE EVEN THOUGH SEAMAN MAY HAVE LIED ON PRE EMPLOYMENT PHYSICAL ABOUT PRIOR PROBLEMS WITH ALCOHOLISM AND VENEREAL DISEASE AND EVEN THOUGH NO PHYSICAL INJURY. DENIAL OF SUMMARY JUDGMENT AFFIRMED.
West v. Midland Enterprises,Inc. and Motor Vessel W.H. Dickhoner
No. 99-5982
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
2000 U.S. App. LEXIS 23198; 2000 FED App. 0321P (6th Cir.)
August 9, 2000, Argued
September 14, 2000, Decided
September 14, 2000, Filed
OVERVIEW: In the present case, West claims that, while working on the M/V Dickhoner, he was ordered by the captain to watch a pornographic videotape. West further testified that as a result[*10] of watching this videotape, he suffered emotional problems and had to undergo mental health counseling. Because West's deposition testimony makes out a prima facie case for maintenance and cure, the district court properly denied ORCO's motion for summary judgment.
West concedes that he did not give a full accounting of his[*12] medical history on his employment application, he argues that his less-than-candid responses regarding his history with alcoholism and venereal disease are so distant in time and so unrelated to his present injury that they should not bar recovery.
The defense that a seaman knowingly concealed material medical information will not prevail unless there is a causal link between the pre-existing disability that was concealed and the disability incurred during the voyage.
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