Grace Line, Inc., a Corporation, and S.S. Santa Juana v. Michael J. Kanton

U.S. Court of Appeals for the Ninth Circuit
Grace Line, Inc., a Corporation, and S.S. Santa Juana v. Michael J. Kanton, 366 F.2d 510 (9th Cir. 1966)
1966 U.S. App. LEXIS 5025; 1967 A.M.C. 514

Grace Line, Inc., a Corporation, and S.S. Santa Juana v. Michael J. Kanton

Opinion

PER CURIAM:

The Supreme Court of the United States in Reed v. The YAKA, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448 (1963), found in effect that the bareboat charter made the stevedore employer the owner of the boat for the duration of the bareboat charter. It held the stevedore employee could maintain a libel in rem against the vessel for injuries resulting from the unseaworthiness of the vessel, and that the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950, did not provide an exclusive remedy.

We find the facts of this case undistinguishable.

The District Court made the following Finding of Fact No. 20:

“That the sum of $4,822.05 was paid to libelant in compensation. That $1,490.10 in reasonable medical costs were paid to furnish necessary care and treatment of libelant’s injuries. That respondent and claimant are entitled to offset the sum of $4,822.05 paid in compensation. That if libelant had incurred said medical costs directly, he would be entitled to an award in that amount. That respondent and claimant are not entitled to an offset of said medical costs.”

We concur, and affirm on this issue.

Affirmed.

Reference

Full Case Name
GRACE LINE, INC., a Corporation, and S.S. SANTA JUANA, Appellant, v. Michael J. KANTON, Appellee
Cited By
5 cases
Status
Published