Injured bosun on Ready Reserve ship victorious again in federal appeal

A seaman who injured his back while struggling to free up 165 rusted D-rings on a U.S. government ship prevailed in the appeal of his unseaworthiness case.

Frank Drapela  was the bosun aboard the M/V Cape Victory, a Ready Reserve Force ship moored at the National Defense Reserve Fleet in Beaumont, Texas. He had worked on the Keystone Shipping Services Inc. vessel since 1998. In February, 2007, Drapela was assigned by chief mate Kevin Brooks to free up 165 D-rings in preparation for activation. D-rings are used to fasten cargo to the deck. Because the rings were frozen due to corrosion, Drapela used a sledge hammer, pry bar and welding rod to free them up.

For three days, Drapela worked alone on what almost literally was a backbreaking job because of the skeleton crew available. On the morning of the fourth day, he awoke to excruciating pain in his forearm, head and neck, unable to move two fingers on his right hand. A physical examination revealed he had four bulging discs in his neck. Surgery helped ease the pain but he claimed he was rendered unable to work and suffered from depression.

Drapela sued the government for an unseaworthy vessel and was awarded $432,166 because of insufficient manpower and inadequate tools. Subsequently, he did not prevail on a Jones Act negligence claim.

The government appealed the case to the Fifth Circuit Court of Appeals, which upheld the lower court ruling on March 22, 2011.

Read the full decision in our article library here.

Source: United States Court of Appeals for the Fifth Circuit