Richard H. Clinton v. United States

Appellant appeals a judgment of the court below determining against him his cause of action for maintenance and cure and for benefits under the Vocational Rehabilitation Act ( 29 U.S.C.A. § 31 et seq.).

The record before us discloses that on March 18,1945, while appellant was serving as second mate aboard the S.S. Plymouth Victory, which was owned by the United States, appellee herein, he fell forty feet into a hold and suffered a fractured skull, a fracture of one of the bones of his left foot and other injuries. Thereafter, appellant employed an attorney and suit was commenced against the United States in which appellant sought to recover damages for the injuries he received in the fall. This suit was compromised prior to trial and on January 6, 1947, appellant signed a “Receipt and Release” in consideration of the sum of $4,962.50 which released the United States from all liability resulting from the accident, including liability for maintenance and cure. The release stated, inter alia, “Libelant fell about 40 feet, fracturing his skull, separating the bones in the upper right part of his face, fracturing the os calcis of his left foot and causing him severe and prolonged…