In another interesting decision last year which unfortunately continues to maintain confusion on the matter, a Bulgarian seaman had his contract claim rejected.

First, a little context. In 1996, a seaman sustained injuries (Kossick v United Fruit Co.) during work, and was promised orally by his employer that if he received treatment at a public hospital instead of a private clinic, then he (the employer) would be responsible if there were any consequences of inadequate of improper care.  As to be expected, the inadequate care exacerbated the seaman’s’ condition.   When the time came for the seaman to take action, the court had to decide if such a promise was within the admiralty jurisdiction.  The court held that since the contract was maritime in nature, it was related to maritime jurisdiction.

In a similar case last year, a Bulgarian seaman (Slavchev v Royal Caribbean Cruises Limited) suffered a medical condition that rendered him unable to work. He went back home to Bulgaria, and continued to receive maintenance and cure payments. When he reached the state of maximum medical improvement, the payments stopped but Slavchev was still 60 percent disabled. Slavchev alleged that an employee at Royal Caribbean promised him orally that the company would send him disability payments.  Slavchev asserted admiralty jurisdiction insisting that his contact claim was closely connected to the maintenance and cure obligations of Royal Caribbean Cruise.

However, the fourth circuit court held that his claim did not come under admiralty jurisdiction because the alleged contract was made while he was a land-based employee in Bulgaria.  When the contract was made, Slavchev had ceased to be a maritime employee for approximately 5 months. The court ruled that the contract was made on land, and therefore had nothing to do with Royal Caribbean’s maintenance and cure obligations.

There’s much difference between the two cases, but I found it odd that the fourth circuit did not even mention or draw reference to Kossick vs. United Fruit Company while making the decision.

Maritime lawyer Brian Beckcom is a Board Certified trial lawyer, whose primary focus is the representation of injured Jones Act seamen, tankermen, galleyhands, deckhands, drillers, oilrig workers, offshore workers and other maritime workers in accidents in Texas, around the country and in international waters.