United States First Circuit
WHITMAN v. MILES, 04-1117
In a claim for maintenance and cure benefits by a seaman who is suffering from multiple sclerosis, summary judgment in favor of defendant-employer is affirmed where plaintiff-seaman's condition cannot be improved through treatment, which relieves defendant's duty to provide compensation.
Appellate Information
- Decided 10/28/2004
- Published 11/01/2004
Judges
- TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- R. Terrance Duddy, with whom Jennifer A. Archer and Kelly, Remmel & Zimmerman, were on brief, for appellant.
- For Appellees:
- Leonard W. Langer, with whom Marshall J. Tinkle and Tompkins, Clough, Hirshon & Langer, P.A., were on brief, for appellee.