Jones Act Cases from Accident Lawyer Hawaii

What We Do at Accident Lawyer Hawaii - video Honolulu Personal Injury Attorney - Claims We Handle Personal Injury Attorney Hawaii results Honolulu Personal Injury Attorney - Call us now

Jones Act Cases - Seaman Cases, Decisions & Opinions

Honolulu Maritime & Ocean Injury Lawyer Bill Lawson

Law Office of William H. Lawson


Jones Act - Table of Contents

The Jones Act - Cases, Decisions and Opinions

VI. DAMAGES - B. Damages for Personal Injury - 2. Deductions From Award

476. Insurance benefits

In action to recover damages under 46 USCS Appx section 688, insurance policy which provides for weekly payments during period of nonoccupational disability are similar to accumulated leave time payments, and form of deferred compensation; they are designed to replace lost wages, not to provide room and board and medical treatment, and benefits have nothing to do with vessel owner's separate maintenance obligation; credit against that obligation, with respect to maintenance and cure, would be inappropriate. Shaw v Ohio River Co. (1975, CA3 Pa) 526 F2d 193, 33 ALR Fed 521.

Standard provisions of municipality's maritime insurance policy did not cover liability for accident where vessel borrowed from Navy, and on which crewman from one of municipality's ships was injured, was owned by Navy and was not one of vessels listed in policy. City & County of San Francisco v Underwriters at Lloyds (1998, CA9 Cal) 141 F3d 1371, 98 CDOS 2895, 98 Daily Journal DAR 3982, 1998 AMC 1617.

In action under 46 USCS Appx section 688, award made to widow of seaman must be reduced by sum paid to her under liability insurance policy taken out by shipowner, and on which shipowner had paid all premiums. Petition of Gulf Oil Co. (1963, DC RI) 221 F Supp 1000.


477. Statutory compensation payments

Benefits received by injured seaman under state unemployment disability benefits were not deductible from recovery under 46 USCS Appx section 688. Gypsum Carrier, Inc. v Handelsman (1962, CA9 Cal) 307 F2d 525, 1963 AMC 175, 4 ALR3d 517.

In action under 46 USCS Appx section 688, if plaintiff seaman, injured in course of employment on vessel, succeeds in this action and ultimately in his suit, shipowner may recoup amounts already paid by compensation carrier by deducting them when satisfying judgment; if compensation was paid by one insurer and judgment becomes payable by another, employer as legal debtor in both instances may retain from settlement of judgment sums necessary to reimburse compensation carrier; compensation and suit, are thus made complementary. Biggs v Norfolk Dredging Co. (1966, CA4 Va) 360 F2d 360.

Injured seaman's pension benefits are not, for purposes of 45 USCS section 55, received "on account of his injury," but rather as fringe benefit of his employment; thus, with respect to damages, there could be no setoff of pension benefits. Russo v Matson Navigation Co. (1973, CA9 Cal) 486 F2d 1018.

In action under 46 USCS Appx section 688, payments provided under Social Security Act cannot be considered in ascertaining pecuniary loss to widow and children, and cannot be deducted from award. Gardner v National Bulk Carriers, Inc. (1963, ED Va) 221 F Supp 243, affd (CA4 Va) 333 F2d 676.

Workmen's compensation award by Deputy Commissioner does not bar employee's recovery as seaman of damages for physical injury under 46 USCS Appx section 688 on theory of res judicata or collateral estoppel where Deputy Commissioner has failed to make any finding as to jurisdictional facts; if plaintiff recovers under 46 USCS Appx section 688 in addition to receiving workmen's compensation benefits, he would not receive double payment because proper credit would be given for compensation payments. Smith v Service Contracting, Inc. (1964, ED La) 236 F Supp 492.

State employees' compensation fund is not entitled to lien on seaman and wife's settlement with state university/higher education board, where seaman was injured in 2 accidents aboard university research vessel, received medical services and compensation from fund, and then settled subsequent legal claims through negotiations which took into account medical services and compensation previously paid, because post-settlement lien would take away seaman and wife's right to damages received under Jones Act. Benders v Board of Governors (1990, DC RI) 728 F Supp 839.


478. --Longshore and Harbor Workers' Compensation Act (33 USCS section 901 et seq.)

If seaman succeeds in action under 46 USCS Appx section 688, employer may recoup amounts already paid in previous action brought by seaman under Longshore and Harbor Workers' Compensation Act (33 USCS section 901 et seq.) by deducting them when satisfying judgment and in event compensation was paid by one insurer and judgment becomes payable by another, employer as legal debtor in both instances may retain from settlement of judgment sums necessary to reimburse compensation carrier. Biggs v Norfolk Dredging Co. (1966, CA4 Va) 360 F2d 360.

Payments made directly to injured seaman on behalf of his employer pursuant to Longshore and Harbor Workers' Compensation Act (33 USCS section 901 et seq.) whose purpose was to compensate at least to degree, pecuniary loss as sustained by employee from injury received in course of employment are not subject to repayment when it was found that action should have been brought under 46 USCS Appx section 688 but rather is to be credit against damages ultimately recovered under section 688 action. Massey v Williams-McWilliams, Inc. (1969, CA5 La) 414 F2d 675, cert den 396 US 1037, 24 L Ed 2d 681, 90 S Ct 682 and on remand (ED La) 317 F Supp 37.

Damage award under Jones Act (46 USCS Appx section 688) would be reduced by amount of benefits paid to plaintiff by defendant under LHWCA (33 USCS section 901 et seq.). Cheuvront v Pittsburgh & L. E. R. Co. (1979, WD Pa) 477 F Supp 193.


479. Miscellaneous

Seaman's recovery for maintenance and care would not be reduced by amount he earned during period in which he had not reached maximum recovery. Vaughan v Atkinson (1962) 369 US 527, 8 L Ed 2d 88, 82 S Ct 997, 1962 AMC 1131, reh den 370 US 965, 8 L Ed 2d 834, 82 S Ct 1578 and on remand (ED Va) 206 F Supp 575.

Jones Act settlement between seaman and employer specifically excluding any claims arising out of his employee benefit plan prevented employer from setting off Jones Act settlement against benefits due under benefit plan. Jones v Sonat, Inc. (1993, CA5 La) 997 F2d 113, 16 EBC 2793.

Where money advanced to injured diver was presented to jury for consideration in its determination of past wages, there was no error in trial court's decision not to reduce damage award by stipulated amount. Hughes v International Diving & Consulting Servs. (1995, CA5 La) 68 F3d 90, reh den (1995, CA5 La) 1995 US App LEXIS 38407.

Defendant in action under 46 USCS Appx section 688 should be permitted to show substantial voluntary advances made to plaintiff to aid him when helpless in his injured condition as set-off and counterclaim. Royle v Standard Fruit & S. S. Co. (1944) 184 Misc 348, 50 NYS2d 351, mod 184 Misc 348, 52 NYS2d 407, affd 269 App Div 762, 54 NYS2d 778.

Jones Act - TABLE OF CONTENTS


Facebook Company page for Accident Lawyer Hawaii - William H. Lawson LinkedIn Company page for Top Honolulu Personal Injury Attorney William H. Lawson

Accident Lawyer Hawaii

William H. Lawson, Esq. and
Amy L. Woodward, Esq.

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525


Directions to Honolulu office




Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.





Awards and Honors

AV Preeminent rated by Martindale Hubbell Martindale Hubbell - AV rated lawyer - Best Rating Possible Multi-Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum AVVO Top Rated Personal Injury Attorney AVVO Top Rated Personal Injury Attorney, 10 of 10 ATLA Top 100 Trial Lawyers ATLA Top 100 5.0 of 5.0 top rated by Lawyers.com Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible National Trial Lawyers - Top Lawyer National Trial Lawyers - Top 100 Trial Lawyers Million Dollar Advocates Forum Million Dollar Advocates Forum American Society of Legal Advocates - Top 100 - 2017 American Society of Legal Advocates - Top 100 - 2017 Marquis' Who's Who Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law AVVO Clients' Choice Personal Injury Lawyer AVVO Clients' Choice Personal Injury Lawyer Expertise - Best Car Accident Lawyers in Honolulu 2019 Expertise - Best Car Accident Lawyers in Honolulu 2019 Best Attorneys in America - Life Charter Member Best Attorneys in America - Life Charter Member


Click on a box below to choose one of our 4 menus:

There is NO CHARGE for sending your case information to our law firm. The information provided on this website is preliminary and informational ONLY. It is not legal advice. The use of our webpages does not establish an attorney-client relationship. This website is copyright 1999-2020 and the contents of this website are the property of Personal Injury Attorney William H Lawson. The Terms and Conditions of Use for this website and our Privacy Policy are available here for your consideration. All rights reserved.

Jones Act Cases - Decisions - Opinions

We thank you for visiting our site!