Sana

Peter Sana appeals from the judgment in favor of Hawaiian Cruises, Ltd. on his claim for maintenance and cure. We reverse.

BACKGROUND

On January 5, 1995, Hawaiian Cruises hired Sana to work in the galley aboard the Navatek I, a vessel used for whale-watching cruises. He typically worked from 6:30 a.m. to 2:30 p.m. on certain assigned days, and he could be called to work additional shifts on short notice. 1 On March 9 and 10, 1995,. Sana worked a normal shift. He did not report any accident or illness, and his manager Jenny Curry observed nothing unusual about his appearance or behavior.

After- Sana left work on March 10, he ran into his father, Hernist. Hernist noticed that Sana was walking differently and that Sana’s hands were “shivering or shaking.” Hernist also observed swelling and a scratch right at Sana’s hairline. Sana told him that he had bumped his head at work.

On March 11, Sana became very ill at a church event. When his brother Benter arrived to pick him up, he was unresponsive. Benter took him to the Straub Clinic, where doctors performed a CAT scan. The result was negative for head trauma, and Sana was released.

Later that evening, Sana’s behavior became…