Boat on the sea
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A Seattle woman has been killed aboard a construction barge in Seattle. The woman’s relationship to the construction barge working in Seattle’s Elliott Bay is unknown. The death was reportedly the result of the woman being hit in the head by a crane on the barge. The barge was moored just south of Seattle’s downtown waterfront.

Workers aboard marine construction barges may be classified as Jones Act seamen. The legal status of an accident victim is critical to determine what compensation may available in the case of a wrongful death.

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Wesley Keller, a member of the Alaska State House of Representatives, and Vice Chair of the Alaska House Fisheries Special Committee, was cited June 11, 2010, for an illegal sport fishing violation. Keller was fishing with two poles near the entrance to Halibut Cove in Kachemak Bay. He was issued a $110 citation for the violation. Keller, who is a republican from Wasilla, was elected to the Alaska House of Representatives in 2008.

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The Federal Fifth Circuit Court of Appeals has recently held that an undocumented immigrant who is injured at work is not excluded from receiving benefits under the Longshore Harbor Workers Act. In Bollinger Shipyards v. U.S. Department of Labor et al., 2010 WL 1614594 (2010) an alien without proper working papers submitted a false Social Security number to obtain employment in a shipyard as a pipe fitter. Arguing that the undocumented worker was precluded from compensation benefits because he was ineligible to work in the United States, the employer argued that the injured worker was similar to a “car thief,” a “pirate,” or a “drug dealer” who was making money through “ill gotten gains.” The Fifth Circuit rejected the employer’s argument, affirming its prior decision in Hernandez v. M/V RAJAAN, and again declared that undocumented immigrants are eligible to recover workers’ compensation benefits under the Longshore Harbor Workers Act.

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Four people were rescued from the Grays Harbor Jetty after their small pleasure boat ran aground Saturday. The Coast Guard responded to a May Day call from the vessel after it had run aground on the jetty. All four persons were able to safely make it to the jetty. The cause of the accident is unknown at this time. The vessel was able to be freed from the jetty and towed to Westport, Washington.

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The clam dredge ESS PURSUIT has been ordered to return to port, and its catch isolated, after they discovered 10 mystery containers today while working in Hudson Canyon. One container broke open and exposed two crewmen to the contents. They subsequently developed blisters and difficulty breathing. The crewmen were taken to Massachusetts General Hospital for treatment. The catch from the vessel has been isolated to determine if it was contaminated, and the vessel is being surveyed to see if it needs to be decontaminated. The Coast Guard and U.S. Public Health Services are investigating the incident.

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Looking out the window of the maritime law office of Beard Stacey & Jacobsen, PLLC, it was impossible to miss two of the Deadliest Catch featured crab boats tied up in front of its office. Both the ROLLO and the KODIAK have been docked at the west wall of Fisherman’s Terminal since yesterday. The west wall of Fisherman’s Terminal serves as the last stop for many Alaska fishing boats to make their final preparation before heading north to Alaska. Beard Stacey & Jacobsen’s office is located at Fisherman’s Terminal in Seattle to better serve its clients. The firm represents maritime workers of Alaska, Washington and Oregon, and you can’t do that from an office in Houston, Boston or New Orleans. Based upon 25 years of experience representing fishermen in the Pacific Northwest, the lawyers at Beard Stacey & Jacobsen understand fishermen, they know how fishing accidents happen, and they know how those accidents can be prevented. They have successfully represented thousands of clients who have been injured working aboard ships in Alaska, Washington and Oregon. They have recovered millions dollars in compensation for their clients located throughout the United States.

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A Hong Kong flagged bulk carrier, LUZON STRAIT, lost engine and generator power outside the entrance to the Columbia River Bar on Thursday. The Columbia River Bar pilot on board the ship was able to safely anchor the vessel outside the shipping channel. The cause of the loss of power was unknown, but the vessel was able to troubleshoot the problem and regain power. A marine inspector has been dispatched to investigate the cause of the mechanical problem and conduct sea trials before determining whether or not the vessel can safely continue to its intended port of call in Portland, Oregon.

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The crew of the LUCY M, a 51-foot wooden fishing boat, radioed the Coast Guard they were taking on water and needed help. Two motor life boat crews were dispatched to assist the vessel. Initially, the crew tried to beach the vessel on a shoal, but the task proved too dangerous and the two crewmen were safely removed from the vessel. The vessel subsequently sank in 23 feet of water in the middle of the Point Judith Harbor Refuge about 1,700 yards off the coast of Sandy Hill Cove. Eight feet of the LUCY M remains visible above water, and a reported oil sheen has been observed around the vessel. Initial word was that there were no reports of injuries. Pollution investigators and the Coast Guard are looking into the cause of the accident and need for any remedial measures.

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Under the Jones Act, the evidentiary proof a seaman needs to present to establish a causal connection between his employer’s negligence and his injury is very slight. A Louisiana Appellate Court has reaffirmed this standard in Bancroft v. Mitchell Offshore Marine, 2010 WL 198219 (2010 La. App. 3 Cir.). The crewman in Bancroft claimed in part that he aggravated a preexisting back injury in a collision between his vessel and another vessel. The crewman had a long history of medical treatment for back pain prior to the collision. After the collision, the crewman had a low back fusion. Based upon the evidence presented at trial, the Court found there was no connection between the shipboard accident and the need for subsequent surgery.

Although, at first blush, Bancroft appears to be a victory for the defense, the precedent set by the Court reaffirms long standing legal precedent relating to a seaman’s burden of proof on causation. In reviewing the case, the Louisiana Appellate Court unequivocally declared the legal principle that whatever injury the seaman suffered, including an aggravation of a preexisting injury, needed only to be established by “slight” evidence. This causal relationship has been frequently referred to as the “featherweight” burden of proof as to causation in a Jones Act negligence case. The Appellate Court in Banccroft was divided as to whether or not the injured seaman had proven the necessary causal link, and the trial court seems to have rejected the injured seaman’s evidence of an increase in his symptoms and impaired working ability. Therefore, the verdict was affirmed after increasing the award for pain and suffering for the back injury for increased pain caused by the collision.

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A 29-foot charter boat carrying seven people reportedly collided with a pier in fog Saturday and sank. The passengers and crew were able to don life vests prior to abandoning the sinking vessel. Six persons were rescued from the water by a nearby vessel who heard their calls for help. Dense fog causing low visibility is suspected as a contributing factor in the accident. Michael Bachus, a 55 year old retired Marine Corps sergeant major, who reportedly was working as a mate on the KID A GIN, did not survive the accident. The Kid A Gin Charters website indicates that the Captain of the vessel, David Gramza, was a 25 year veteran of fishing on Lake Michigan. There are few safety regulations that apply to the operation of charter vessels such as the KID A GIN, and the Coast Guard indicates decisions about operating in adverse weather conditions are largely left up to the experience of the vessel operator.

Contact Information
Stacey & Jacobsen, PLLC Seattle, Washington
4039 21st Ave W. #401
Seattle, WA 98199
Phone: 206-282-3100 Toll Free: 877-332-5529 Fax: 206-282-1149
Stacey & Jacobsen, PLLC Anchorage, Alaska
205 E Benson Blvd #321
Anchorage, AK 99503
Phone: 907-751-2588 Toll Free: 877-332-5529

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