Boat on the sea
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The search has been suspended for Gregory Luckett who is reported to have fallen into the water off a 25 foot construction barge near the mouth of the South River in Chesapeake Bay. Luckett and two other workers were reportedly returning from a construction site towing a barge when they encountered stormy weather, Luckett apparently lost his balance and went overboard. It is unknown whether or not he was wearing any personal flotation device or work vest. The Coast Guard indicated that despite an exhaustive search they were unable to locate Luckett. The case remains under investigation by the Coast Guard.

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Erin Reiman has been charged with murder of fisherman John Adkins. The crewmen were in Ilwaco aboard the F/V TIGER on July 5, 2009 when the murder is alleged to have taken place. According to information contained in the Court files, the murder happened as follows: Reiman and Adkins had recently become partners in the fishing vessel and brought the vessel to Ilwaco for repairs. Adkins and another crewman, Walter Bremmer, had been visiting bars in Ilwaco and thereafter, Adkins returned to the vessel. When Bremmer returned to the vessel, he witnessed Reiman and Adkins fighting. Reiman punched Adkins in the face and allegedly banged Adkins head into a window and threw him down the vessel’s stairs. Reiman continued to beat Adkins, he then wrapped an extension cord around Adkins’ neck and strangled him to death. Bremmer claims Reiman threatened to kill him too and ordered Bremmer to help him clean up the murder scene. The two men then put Adkins in a sleeping which they tied up with the extension cord. They stored Adkins’ body in the engine room and pretended to search for him the following day. The next day the men left port and about three miles off shore, dumped Adkins’ body overboard, weighed down with fishing gear. The murder was investigated by the Oregon State Police department and the Long Beach Police department. It appears that Adkins will stand trial on the second degree murder charges in Pacific County, Washington.

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A vessel accident has left one person dead and three others injured when their 18 foot May-Craft vessel capsized approximately one mile east of Fort Monroe according to the Coast Guard.

The Coast Guard, Norfolk Fire Department and two Good Samaritan vessels responded to the capsizing. Four people were rescued from the water and transported to the Hospital. However, one person has died as a result of his injuries.

There is no indication as to the cause of the capsizing.

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A pleasure boat crash near Long Island has left three dead and injured four others. The 40 foot pleasure boat ran aground South of the Hamlet of Wantagh, N.Y. Sea Tow, a company that assists boaters in emergency, contacted authorities following the accident.

The Coast Guard dispatched a rescue boat to the scene. It has been reported that two persons died at the scene and the third person at Nassau University Medical Center. The four other passengers were taken to local hospitals for treatment. Their conditions, as well as the cause of the accident is unknown.

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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 the Third Circuit, commuter seamen are entitled to maintenance benefits. The decision further held that the receipt of Social Security disability payments does not terminate the right to maintenance and that payments under a long term disability policy did not satisfy the employer’s maintenance obligation.

In the Delaware River Bay Authority case, the seaman was covered under the terms of a collective bargaining agreement. Under the terms of the collective bargaining agreement he was to receive full wages for 90 days following his injury and 60% of his wages under a long term disability policy following a lapse of 90 days. The collective bargaining agreement made no mention of the injured seaman’s right to maintenance and cure. Upon learning of the seaman’s receipt of Social Security disability payments, his employer demanded repayment of overlapping long term disability payments.

When seamen receive long term disability payments under an insurance policy funded by his employer, the question that must be resolved is, are these payments part of the seaman’s wage package. Where the long term disability payments may be characterized as part of the seaman’s wages, they will be deemed separate and distinct from the owner’s obligation to pay maintenance under the general maritime law. The absence of a contractual clause indicating the long term disability payments are in lieu of maintenance, those payments should not bar a seaman’s right to maintenance.

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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 held that because the floating river boat casino was capable of navigation, the housekeeper’s claim fell under Federal Maritime Law.

Relying upon the Supreme Court of the United States decision in Stewart v. Dutra Construction 543 U.S. 481 (2005), the Iowa Court found that the river boat casino “was capable of being used as a means of transportation upon water” and noted that the vessel need not be used primarily for that purpose. Although it was admitted that the river boat casino did not ply the waters of the Missouri River, there was no evidence that the river boat casino was not capable of being used as a vessel in navigation, and therefore had not lost its character as a vessel in navigation because it was not permanently moored. The river boat casino had a captain and mate and was capable of sailing within 90 minutes if it so chose. The fact that the vessel and the housekeeper did not regularly sail was not determinative of whether or not the floating casino was a “vessel in navigation.”

In most instances a crewman will receive greater benefits under the Jones Act than under State workers compensation acts. Seamen are entitled to maintenance and cure benefits, and where injured through negligence or unseaworthiness may obtain compensation for lost past and future wages, lost wage earning capacity, pain and suffering, and medical expenses.

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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 length of the voyage may be determined by contract, or where there is no contract by the length of the season or by verbal agreements.

Tips received by crewmen on many of these vessels constitute a large part of the crewman’s salary. Under maritime law, passenger tips to crewmen should be included in calculating unearned wages. This very issue was addressed by the 11th Circuit Court of Appeals in Flores v. Carnival Cruise 47 F.3d 1120 (1995). Although the Court applied maritime law to this issue, in deciding the case the Court noted that State Workers Compensation Acts routinely recognize tips as part of workers wages. The Court held that tips are wages and that the seaman’s right to unearned wages should include the full amount of money to be paid to a seaman during a voyage.

When a seaman is injured or becomes ill while working aboard a vessel, receiving his wages for the length of the voyage that he would have been on but for his injury or illness is an important basic benefit. The maritime lawyers at Beard Stacey & Jacobsen are dedicated to protecting seamen’s rights, and getting seamen full and fair compensation for their injuries.

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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 had capsized. The two crewmembers were found clinging to the hull when they were taken aboard the DA OPAILOLO II. The DA OPAILOLO II only made it 12 miles before the tow line became tangled in the propeller. The Coast Guard patrol boat, AHI, towed the DA OPAILOLO II the remainder of the way and the partially submerged MY ESCAPE was abandoned.

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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 Samaritan vessel CONNIE SEA.

The Coast Guard, Harbor Police, Life Guards, and the Mexican Navy all assisted in the search for the missing crewmember. Harbor Police divers discovered the body of the missing crewmember aboard the capsized vessel. The four rescued crewmembers were reported to be found in good condition.

The cause of the capsizing is under investigation.

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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 taking on water, however the dewatering pumps couldn’t keep up.

The Coast Guard arrived on scene approximately an hour later and helped secure the source of the flooding. The vessel was able to sail to the Harbor with a Coast Guard escort where it offloaded its catch before undergoing repairs.

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