原文传递
Legal Talk
| 题名： | Legal Talk |
| 正文语种： | eng |
| 作者： | JOHN K. FULWEILER |
| 作者单位： | Fulweiler LLC |
| 摘要： | The law isn't what you first think of when you hear the word "innovation." But the law does change with the times, sort of. That dry-rotted concept called the "Walker Doctrine" (breach of employment duty barring recovery) is barely ever applied these days. And when it comes to calculating an injured seaman's daily stipend (maintenance), the law has moved to appreciate the expenses of modern life. Maintenance is structured so that money should flow to the injured seaman. For instance, the obligation to pay maintenance doesn't relate to whether there's a showing of negligence or unseaworthiness. And it doesn't matter whether the injury was suffered onboard or ashore as long as the seaman was in the service of the vessel. That said, while maintenance payments are calculated based on a seaman's expenses, they're never enough, and maintenance seems largely ineffective at providing meaningful assistance. It's for this reason that it's important to include as many expenses as possible in undertaking the calculus. |
| 出版年： | 2022 |
| 期刊名称： | Work Boat |
| 卷： | 79 |
| 期： | 12 |
| 页码： | 14-14 |
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