May a seaman recover punitive damages for the willful failure to pay maintenance and cure?

Authors for the Cornell University Law School Legal Information Institute did an excellent job of presenting the legal issues in the case currently pending before the U.S. Supreme Court concerning maintenance and cure under the Jones Act.  They conclude that whether the Supreme Court will decide to allow the recovery of punitive damages for willful failure of a maritime employer to provide maintenance and cure, or whether it will side current caselaw in the interest of maintaining consistency of remedies under general maritime law. To reach its ultimate conclusion, the Court will have to determine whether older maritime cases merely set forth an ancient right, or whether they defined the boundaries of remedies in maintenance and cure cases.

This decision will also clarify whether Vaughn v. Atkinson shows a seaman should be fully compensated for his losses, decided on the facts of the particular case, or an expansion compensatory damages for willful failure to provide maintenance and cure. The Court will also have to define the scope of the Jones Act uniformity - whether a uniform body of maritime law is required for all issues related to the Jones Act and the Death on the High Seas Act. 

The Court's ultimate decision in this case will have substantial ramifications for seamen.

Labels: Jones Act Maintenance and Cure Seaman Seamen Supreme Court