Maintenance & Cure Ch. 8

Question 1

Who is entitled to it?

Answer 1

A seaman injured during service to a vessel. “In service” includes shore leave.

Question 2

Benefits to Employer

Answer 2

1. Limited exposure to unlimited tort damages
2. No more than maintenance & cure
   Disadvantage: Absolute liability for workplace injury.

Question 3

Benefits to Employee

Answer 3

Provides incentive to take a dangerous job, to go to sea.

Question 4

How do you lose this entitlement?

Answer 4

1. Woeful Misbehavior
   i. Intoxication (not applied much these days)
   ii. Failure to follow doctors orders
2. Deliberate Act of Indiscretion
3. Fraud
4. Willful Misconduct

Question 5

How do you bring an action for it?

Answer 5

a. In personam against employer as an admiralty claim in either State or Federal Court
b. If diversity jurisdiction as a law claim in Federal Court
c. If a Seaman joins his action for maintenance and cure with a Jones Act claim (this is optional) in which he asks for a jury trial, he may also obtain a jury trial on his maintenance and cure claim.
d. If maintenance and cure can be brought in rem against the vessel as to which the plaintiff enjoys seaman status, that action must be brought in Federal Court on the “Admiralty Side”

Question 6

Nature of Remedy

Answer 6

Quasi Contractual

Question 7

Source of Remedy

Answer 7

General Maritime Law

Question 8

Elements of Remedy

Answer 8

• Maintenance (living allowance to replicate room and board on ship);
• Cure (medical attention until reach maximum medical cure), wages