Permanente Steamship Corporation, a Corporation v. Juan A. G. Martinez

On July 24, 1957, Juan A. G. Martinez was injured in an accident while serving as a seaman aboard appellant’s vessel, the S.S. Permanente Silverbow. On August 5,1959, he filed an action for damages resulting from unseaworthiness and negligence, and for maintenance and cure. His damage claim was rejected by the jury, and he did not appeal. He was allowed maintenance and cure by the trial court. The shipowner appealed. We affirm.

The district court found that the seaman suffered from a mental illness caused by head injuries sustained in the accident; that he became disabled as a result of this condition in December 1961; and that he reached maximum possible medical recovery by December 31, 1963. The court awarded maintenance and cure from December 1961 through December 1963, except for periods in which the seaman was hospitalized at no cost to himself.

I

The shipowner contends that its obligation to provide maintenance and cure terminated as a matter of law when the seaman voluntarily resumed his maritime employment aboard another vessel subsequent to the accident.

A vessel’s obligation to furnish maintenance and cure to a seaman who is injured or taken ill during his service…