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Seri v. Queen of Hearts Cruises, Inc.



Seri v. Queen of Hearts Cruises, Inc. - Plaintiff moves for daily maintenance payments by his employer, defendant Queen of Hearts Cruises, Inc., with regard to an injury plaintiff allegedly suffered while at work on a ship. Defendant terminated daily maintenance payments after defendant's d.....

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Seri v. Queen of Hearts Cruises, Inc. – Plaintiff moves for daily maintenance payments by his employer, defendant Queen of Hearts Cruises, Inc., with regard to an injury plaintiff allegedly suffered while at work on a ship. Defendant terminated daily maintenance payments after defendant’s doctor examined plaintiff on July 8, 2002 and reported that plaintiff exhibited no sign of ongoing disability or functional impairment of his left knee. Prior to that, plaintiff was receiving daily maintenance payments of $15.00 from his employer.

Maintenance and cure is a remedy that a shipowner must provide to seamen who become ill or injured while in the service of a ship. The Osceola, 189 U.S. 158, 175 (1903). A seaman who is injured or ill while in a ship’s service is entitled to “maintenance” payments from the shipowner to cover the cost of his food and lodging. Vaughan v. Atkinson, 369 U.S. 527, 531 (1962). A seaman is also entitled to “cure,” i.e., payment of medical expenses incurred in treating his injury or illness. Calmar S.S. Corp. v. Taylor, 303 U.S. 525, 528 (1938). The shipowner must pay maintenance and cure until the seaman recovers or until his condition is diagnosed as permanent and incurable, i.e., the point known as “maximum cure.” Vella v. Ford Motor Co., 421 U.S. 1, 4 (1975).

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