California Court of Appeal

In an action brought by a "commuter seaman" claiming entitlement to "maintenance and cure" from his employer under maritime laws after he allegedly contracted West Nile encephalitis while working on a ship, judgment for employer is affirmed over claims that: 1) under the Shipowner's Liability Convention of 1936, a seaman only needs to prove that an illness incurred, aggravated or manifested itself during the period of employment instead of while in the service of a vessel; and 2) even if a commuter seaman is not on call or engaged in an activity generally considered in the service of a vessel, maintenance and cure is required if an illness is contracted while the seaman is participating in an on-shore activity which benefits the employer.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

• WOODS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• McGuinn, Hillsman & Palefsky and John R. Hillsman, San Francisco;  Law Offices of Charles D. Naylor and Charles D. Naylor, San Pedro, for Plaintiff and Appellant.


• For Appellees:
  
• Cox, Wootton, Griffin, Hansen & Poulos, Richard C. Wootton, Mitchell S. Griffin and Christopher S. Kieliger, San Francisco, for Defendant and Respondent.