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Maritime Injury Blog

Jones Act

3/18/2010
Brian Beckcom
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Deckhand slips on wet glove, blames captain in Jones Act claim

A deckhand lost his slip and fall appeal after it was discovered he never disclosed a significant injury history.

While working in the galley aboard the vessel Recovery, Orlando Ramirez, new on the job, picked up a wet rubber glove off the deck and threw it in the trash. The glove missed the mark and ended up back on the deck.

The captain noticed the glove but did not notify Ramirez, who attempted to walk through the galley with his arms full of groceries. Ramirez slipped on the glove and claimed to have suffered serious back and neck injuries.

A District Court found vessel owner American Pollution Control Corporation, AMPOL, 60% liable because of the captain’s negligence. Ramirez was found to be contributorily negligent for tossing the glove into the trash and failing to disclose his injury history on his job application; it was revealed that he had in fact suffered neck and back injuries on five separate occasions between 1979 and 2004.

Lost wages were determined to be $3,000 and Ramirez was awarded 60 percent, or $1,800.

Ramirez appealed for 100 percent lost wages, claiming that the captain was completely to blame for not picking up the glove. But the appeals court upheld the lower decision, saying that his injuries were aggravated not by the fall, but by his natural aging process.

Read the full case here.

Labels: American Pollution Control Corporation AMPOL back injury Jones Act neck injury Orlando Ramirez Recovery

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