Cruise Ship Law

BETTY FROST, Plaintiff, vs. TECO BARGE LINES, Defendant.

No. 04-CV-00752-DRH
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OFILLINOIS
2005 U.S. Dist. LEXIS 11795
June 1, 2005, Decided
June 1, 2005, Filed

PROCEDURAL POSTURE: Plaintiff seaman filed an admiralty complaint against defendant barge company under the Jones Act, 46 U.S.C.S. § 688 et seq., and general admiralty and maritime law to recover for personal injuries sustained in the course and scope of her employment as a crew member aboard one of the company's vessels. The seaman filed a motion for cure, punitive damages, and/or attorney fees.

OVERVIEW: The seaman alleged that she sustained back injuries while working on one of the company's vessels. The seaman's doctor recommended treatment in the form of medication, nerve blocks, and possible physical therapy. The company stated that it was not required to pay for this treatment because the injury was not related to the injuries the seaman sustained on the vessel and because the treatment was purely palliative, not curative. The court disagreed. First, the seaman's doctor sent a letter clarifying that the treatment was related to the injury sustained aboard the vessel. Second, the medical treatment was aimed at resolving pain at the injury site, thereby relaxing tissue and allowing healing of the tissue. Thus, the seaman was entitled to cure. However, the court held that the seaman was not entitled to an award of attorney fees because the company's failure to pay was not willful as there had been confusion over whether the injury for which cure was sought was one that was sustained aboard the vessel. Nor was the seaman entitled to punitive damages, which the court held were not available even for an employer's willful failure to pay maintenance and cure.

OUTCOME: The court granted the seaman's motion for cure to the extent that the company was ordered to comply with its cure obligations with regard to the seaman's medical treatment. The remainder of the motion was denied.