Maintenance & Cure

Maintenance & Cure

In the 13^th century, trading partner countries established the Rules of Oleron, which required employers to provide maintenance and cure benefits regardless of how or why an injury or illness occurred. “Maintenance” is money for food and shelter. “Cure” is free medical care. The United States Supreme Court has repeatedly enforced the general maritime law of maintenance and cure benefits due merchant mariners for over a century. See, the 1903 opinion, The Osceola, 189 U.S. 158, at 169 and 175; compare, the 2009 opinion, Atlantic Sounding Co. v. Townsend, 557 U.S. 404. (Court allowed availability of punitive damage for arbitrary and capricious denial of benefits.) For a long as a commercial seafarer is not able to work at sea (“Not Fit For Duty”), such person has the right to receive these benefits. The right to benefits does not depend on who, if anyone, was at fault. See the Supreme Court opinion in Vaughan v. Atkinson, 369 U.S. 527, (1963).

Merchant mariners can choose their own doctor and not accept the physician the employer prefers. See, Mai v. American Seafoods, Co., LLC, 160 Wn. App. 528 (2011), a case in which we were directly involved. Any question whether an employee is entitled to the benefits must be decided in the employee’s favor. See,  Vaughan v. Atkinson, 369 U.S., supra, at 531-532; see, Moore v. United States, 817 F. Supp. 2d 1136, 1139 (N.D. Cal. 2011).  

There are a few circumstances in which an employer may lawfully refuse to pay the benefits: venereal disease; or intoxication. See, Thomas v. New Commodore Cruise Lines Ltd., 202 F. Supp. 2d 1356, 1358 (S.D. Fla. 2002)(citing to Aguilar v. Standard Oil Co., 318 U.S. 724 (1943).) Not Fit Fir Duty arising from intravenous drug use can bar the benefits. See, Silmon v. Can Do II, Inc., 89 F.3d 240 (5th Cir. 1996). For instance, alcohol intoxication may or may not be the deciding factor.  Additionally, if the employee intentionally conceals a pre-existing medical condition or injury history in pre-employment application, the employer may be entitled to deny the benefits. There is no statute or regulation in this area. Therefore, each case must be decided on its own facts. This is why retaining a maritime attorney early on is so important

We are committed to protecting seafarers. We are proud of our successes in protecting injured or sick seafarers in need of living money and health care when employers ignored or rejected their needs.

We offer contingency fees (no attorney fees upfront) in personal injury, wrongful death or maintenance and cure cases.