Coastal Villages Pollock v. Ahokaya Naufahu

MEMORANDUM

Appellant Ahokava Lanu Naufahu challenges the summary judgment in favor of Appellee American Seafoods Company LLC (“American Seafoods”) that Naufahu is not entitled to maintenance and cure, compensation available under general maritime law to a seaman who falls ill or becomes injured while in the service of a ship, see Lipscomb v. Foss Maritime Co., 83 F.3d 1106, 1109 . (9th Cir. 1996), from his former employer. For the reasons set forth below, we affirm.-The parties are familiar with the factual background, so we do not recite it here.

American Seafoods moved for summary judgment on the grounds that Naufahu was not entitled to maintenance and cure because his pulmonary conditions did not arise or manifest while he was working in service of the vessel and because, even if they did, Naufahu has reached maximum medical improvement for his conditions. American Seafoods also argued that, in any event, Naufahu’s willful failure to disclose his medical conditions in 2010 when specifically asked about them precluded him from seeking relief. The district court found that there were genuine disputes of material fact regarding whether Naufahu’s pulmonary conditions “occurred,…