SEAMAN STATUS DENIED WHERE DREDGE WAS NOT VESSEL IN NAVIGATION.
SEA-LAND SERVICE, INC., Plaintiff-Appellee, v. Pedro SELLAN,Defendant-Appellant.
No. 99-12571.
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
231 F.3d 848; 2000 U.S. App. LEXIS 26886; 14 Fla. Law W.Fed. C 87
June 21, 2000, Argued
October 26, 2000, Decided
OVERVIEW: Appellant was injured while on sea duty and was declared to be 100-percent disabled from sea duty. Appellee paid appellant, pursuant to a settlement agreement (agreement) for current expenses and for his entire work-life expectancy in exchange for a release of liability. Pursuant to the agreement, if appellant violated the agreement and returned to work on any vessels belonging to appellee, he would do so at his own risk. Appellant surreptitiously regained employment as a seaman with appellee, and then filed a claim that he had been re-injured. Appellee commenced a declaratory action to find the agreement enforceable against appellant's newest claim. The district court found that the agreement was valid and that appellant was bound by its terms. Appellant sought review, claiming that the agreement violated the Federal Employers' Liability Act (FELA), 45 U.S.C.S. ยง 51-60. The court held that the agreement was a valid settlement of a present claim of total disability for sea duty and was enforceable agreement under FELA. Consequently, appellee was not responsible for appellant's injuries, and appellant was precluded from pursuing the new injury claim against appellee.
OUTCOME: Judgment affirmed. The litigated provision of the settlement agreement was part of a valid settlement of a present claim of total disability for sea duty and represented an enforceable agreement that appellant would not work for appellee in the future, and if he did, that appellee was not responsible for appellant's injuries.
