The United States District Court for the Third Circuit has ruled that land based commuter seamen, who eat and sleep ashore, have the same right to maintenance and cure as all other seamen. See Delaware River & Bay Authority v. Kopacz,2009 WL 3064708 (2009). The ruling explicitly stated that, in…
Maritime Injury Law Blog
HOUSEKEEPER ON RIVER BOAT CASINO HELD TO BE JONES ACT SEAMAN
A housekeeper aboard a river boat casino and hotel has been ruled to be a Jones Act seaman by the Iowa Court of Appeals. The housekeeper fell on ice while taking trash out of the casino’s trash compacter. She sought workers compensation benefits under Iowa’s Workers Compensation Act. The Court…
CREWMEN’S TIPS – SHOULD THEY BE INCLUDED IN UNEARNED WAGES?
Seamen working on charter vessels, cruise ships, and excursion vessels frequently receive tips in addition to their salaries. When crewmen are injured or become ill in the service of their vessels, under the General Maritime Law they are entitled to receive unearned wages until the end of the voyage. The…
GOOD SAMARITAN FISHING VESSEL DA OPAILOLO II RESCUED BY COAST GUARD
On August 30, 2009, the Coast Guard reported that it received a call that the 47 foot fishing vessel DA OPAILOLO II was towing a pleasure craft when the tow line became caught in the propeller. The DA OPAILOLO II rescued two people aboard the pleasure craft MY ESCAPE that…
FOUR RESCUED, ONE BODY RECOVERED WHEN FISHING VESSEL CAPSIZES
The Coast Guard has reported that a capsized vessel has claimed the life of one fisherman near the Coronado Islands, Mexico. The unidentified 30 foot fishing vessel capsized with a crew of five individuals. Two of the crewmember swam to shore and the other two were picked up by Good…
COAST GUARD RESPONDS TO FISHING VESSEL DIANE LYNN II
On August 30, 2009, the Coast Guard reported that it received a distress call from the fishing vessel the DIANE LYNN II, a 65 foot dragger, when it began taking on water off the coast of Maine. The vessel was on its way to offload its catch when it began…
FINAL REPORT RELEASED REGARDING SINKING OF LADY D
The Coast Guard has reported that it has released its final report of the sinking of the passenger vessel the LADY D. The LADY D capsized in March, 2004, killing five people in the Patapsco River in Baltimore. The LADY D was a small pontoon water vessel. The Coast Guard…
Coast Guard Responds to Collision Between Two Towing Vessels
The Coast Guard Marine Safety Unit in Port Arthur, TX has reported a collision between two towing vessels on August 11, 2009. Both towing vessels, the CAROLINE and the MISS STACIE were pushing barges at mile marker 312 on the Intracoastal Waterway when the collision occurred. According to the Coast…
Coast Guard Rescues Two Fisherman
The Coast Guard unit in New Orleans has reported that on August 9, 2009, it received a report that two fishermen were missing by Hopedale, Louisiana. Because of weather, the Coast Guard could not begin a search until Monday morning. A MH-65C Dolphin rescue helicopter was launched and located the…
Three Men Rescued in Lake Pontchartrain
On Monday, August 10, 2009, the Coast Guard reported that it received a call at 4:30 a.m. that a boat had capsized and one of the three men who were in the boat was missing. The Coast Guard unit in New Orleans immediately launched a search team to assist with…