$100,000 Settlement: Cook deemed disabled after injury on ship

Co-worker says ice, slush and snow created hazard; nonskid surface removed

On Dec. 20, 2008, plaintiff merchant marine cook, then 67 years old, carried storage boxes aboard a steamer. He suffered an injury to his left shoulder and arm. He underwent surgery and received rotator cuff and left biceps tendon repairs.

Plaintiff contended that the evidence presented a case of clear negligence and unseaworthiness. A second cook testified that the captain ordered the storage boxes to be taken on the vessel during a snow storm, and that the galley and work area had ice, slush and snow.

The second cook further testified that the working surface did not have nonskid material, and that the deckhands had removed the nonskid matting, thus creating a slippery and hazardous working area.

Plaintiff argued that he would have worked for an additional three years following the date of injury. Plaintiff’s principal medical provider — an orthopedic surgeon — testified that, as of Sept. 17, 2009, plaintiff was permanently disabled from returning to his former occupation.

Defendant requested plaintiff to be evaluated by another orthopedic surgeon, who testified that plaintiff would be permanently restricted from lifting in excess of between 10 and 15 pounds. The surgeon also said plaintiff’s disability prevented him from working as a merchant marine cook.

Type of action: Seaman’s personal injury pursuant to the Jones Act

Type of injuries: Rotator cuff, biceps tendon

Court/Case no./Date: U.S. District Court, Eastern District of Michigan;confidential; March 20, 2013

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