Courtney

MEMORANDUM *

Robert Courtney (“Courtney”) appeals the district court’s judgment in favor of Defendant American Seafoods Co. (“Sea-foods”) following a bench trial. The district court ruled that due to Courtney’s intentional concealment and fraudulent misrepresentations of his pre-existing condition and his failure to follow his physician’s instructions and treatment program, Seafoods was not hable for negligence under the Jones Act (46 U.S.C.App. § 688) or for unseaworthiness under general maritime law. Due to these rulings, the district court refrained from making findings on whether Seafoods was negligent or Courtney’s trawler was unseaworthy.

*985 We have ruled that fraud bars maintenance and cure “where a seaman conceals a medical condition that he knows or should know is related to the illness or injury for which maintenance and cure are requested.” Omar v. Sea-Land Serv., Inc., 813 F.2d 986 , 990 (9th Cir.1987). The district court erred when applying that same rule to Jones Act or unseaworthiness claims. We have held that a seaman who suffers injury in the course of his employment “is not barred from suit under the Jones Act because he conceals a material fact in applying…