Cruise Ship Law

WEEKS MARINE, INC. v. MICHAEL MCDEVITT

CIVIL ACTION NO. 01-CV-5609
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
2004 U.S. Dist. LEXIS 23708
November 19, 2004, Decided

PROCEDURAL POSTURE: Plaintiff, a dredging and marine construction company that owned and operated a fleet of tugboats and other marine equipment (company), sued defendant employee seeking a declaratory judgment and reimbursement of maintenance and cure. The company moved for partial summary judgment.

OVERVIEW: The employee injured his back four times while working for the company. He conceded that he had suffered from a pre-existing back condition when he began his employment. The pre-existing condition was not disclosed during a post-offer employment physical examination. The employee asserted that his pre-existing condition involved his cervical spine, in contrast to the lumbar spine condition that afflicted him during his employment with the company. The company argued that the employee's concealment of his back condition constituted willful misconduct, and that he consequently was not entitled to maintenance and cure. The employee explained that he checked off the box indicating that he did not have a head or spine injury, because he understood a head or spine injury to be a traumatic accident of some kind. His problem, in contrast, was a treatable condition that he believed would not interfere with his work. The employee was entitled to have a jury determine whether he filled out the medical history form in good faith.

OUTCOME: The company's motion for partial summary judgment was denied.