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Dealing With Pre-Existing Conditions In Jones Act Seamen Part Three: Potential Defenses-Inevitably Worsening And Pre-Existing Conditions
| 题名： | Dealing With Pre-Existing Conditions In Jones Act Seamen Part Three: Potential Defenses-Inevitably Worsening And Pre-Existing Conditions |
| 正文语种： | eng |
| 作者： | TAS LEVCHINSKY |
| 摘要： | The defenses available in combating a lawsuit from a seaman who failed to make a material disclosure (or actively concealed) a pre-existing condition (covered by Fox Smith LLC's Ted Lucas in the June column) are effective tools for a Jones Act defendant. Absent a failure to disclose or active concealment, a Jones Act seaman's pre-existing medical condition(s) can still provide ample opportunity to defend against damages alleged for pre-existing medical condition that was merely aggravated by the seaman's on-duty incident or that would have inevitably become worse, over time, regardless of the incident altogether. Before going any further, it is important to note that the defenses discussed in this article do not have any impact on a Jones Act employer's maintenance and cure obligation for an injury that occurred while a seaman was working in the service of a vessel. Absent active concealment, this obligation broadly extends to any injury, whether it pre-existed the employment or not, so long as there is evidence of the injury's "occurrence" while the seaman was on duty. Maritime law is extremely favorable toward injured seamen in consideration of contested maintenance and cure claims. It follows that courts have defined "occurrence" very broadly in the scope of maintenance and cure evaluation. In one case, even a seaman's lymphoma, which was present in the seaman's body but completely latent until after he retired, was considered subject to his employer's maintenance and cure obligations. You should consult with counsel prior to making any adverse determination regarding maintenance and cure payments related to a seaman's medical condition and/or treatment. |
| 出版年： | 2021 |
| 期刊名称： | The Waterways Jouranl |
| 卷： | 135 |
| 期： | 16 |
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