Opinion

Veronica Cox, Administratrix of the Estate of William D. Cox, in No. 74-1609 v. Dravo Corporation, in No. 74-1576

  • 517 F.2d 620
Court
Court of Appeals for the Third Circuit
Filed
May 29, 1975
Status
Published
Author
Seitz
On the bench
Van Dusen, Gibbons, Hunter, Seitz, Aldisert, Adams, Rosenn, Weis, Garth
Cited by
45 cases
Authority
More cited than 25.0%

holding that shipowner did not owe maintenance and cure where seaman was permanently disabled and treatment would relieve aches and pains but would not improve his condition

How later courts described this case

  • holding that shipowner did not owe maintenance and cure where seaman was permanently disabled and treatment would relieve aches and pains but would not improve his condition
  • noting that a totally disabled seaman no longer entitled to maintenance and cure benefits could institute a later proceeding for “treatment of a curative nature such as a new drug or a new surgical technique”
  • holding that the duty of maintenance and cure ends when a disability has been found to be permanent
  • providing a detailed historical exegesis of the origin of "maintenance and cure"

Written by the judges who cited it.

The opinion

SEITZ, Chief Judge

(concurring).

The record in this case establishes that the sole effect of treatments for which plaintiff sought recovery was the relief of pain suffered by Cox. I agree with the disposition of the case on the basis of the majority’s holding that an award of maintenance and cure cannot be sustained on the ground of a shipowner’s duty to provide medical care that can serve only to reduce pain. However, I think it unnecessary and unwise to go out of our way to announce that there is no duty to provide treatment which arrests the progress of a deteriorating physical condition. That issue is not presented by this case and, indeed, is expressly left open by the Supreme Court in Vella v. Ford Motor Co., 421 U.S. 1 , 95 S.Ct. 1381 , 43 L.Ed.2d 682 (1975).

Judge Adams joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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