Hartzog

This action is brought under the Public Vessels Act, 46 U.S.C.A. §§ 781-790 . As alleged in the libel, libelant was employed as a utility man in the stewards’ department of the General M. C. Meigs, a public vessel, as a civil service employee of respondent, United Slates of America, on December 18, 1952. On December 22, 1952, libelant became ill. He was hospitalized and treated' for tuberculosis at the Marine Hospital, San Francisco, from February 1, 1953 until October 19, 1953 and remained an outpatient until June 10, 1954. Libelant now makes claim for maintenance at the rate of $8 per day for the period of out-patient care.

Libelant duly filed claim for compensation under the Federal Employees’ Compensation Act, 5 U.S.C.A. § 751 et seq. The claim was rejected on the ground that there was no causal relationship between libelant’s illness and libelant’s employment and that the disease was, therefore, not compensable. Libelant now contends that under the Public Vessels Act, he is entitled to maintenance as a seaman having fallen ill in the service of his ship. The sole question presented is whether the Court will disregard libelant’s status as a civil service employee of the…