Block Island Fishing, Inc. v. Rogers
844 F.3d 358
| 1st Cir. | 2016Background
- Jamie Rogers, a seaman, injured aboard the F/V HEDY BRENNA on Oct. 3, 2013; Block Island Fishing, Inc. (owner) paid maintenance, cure, and wage supplements but later sued claiming overpayment.
- Rogers moved among residences (Bristol lease at $1,600/mo; later Fall River at $625; then with family and on a boat), and received various medical treatments from Dr. Christian Campos and primary care Dr. Melanie Cardoza.
- Block Island paid cure to providers (~$68,891.41) and maintenance checks based on a $1,600 rent assumption (daily rate ~$63.26), later concluding it overpaid when Rogers’ actual housing costs were lower.
- Block Island moved for summary judgment that its maintenance-and-cure duty ended July 31, 2014 (Rogers had returned to fishing). The district court rejected July 31 but sua sponte held the duty ended Nov. 18, 2014 (Dr. Campos’ note of no further formal follow-up), and allowed offset of any overpayment against Rogers’ potential damages.
- On appeal the First Circuit vacated the November 18 termination ruling for lack of notice (Rule 56(f)), affirmed that overpayments may be offset against damages, and remanded other factual issues (including whether actual expenses cap recovery and whether delay/negligence affected entitlement) for the jury.
Issues
| Issue | Block Island's Argument | Rogers' Argument | Held |
|---|---|---|---|
| Proper end date for maintenance-and-cure obligation | Terminated July 31, 2014 because Rogers returned to work as a fisherman | Continued past July 31; had not reached maximum medical recovery by Nov. 18 and would have produced additional evidence had court given notice | Vacated the district court's Nov. 18 finding; summary judgment on a new ground entered sua sponte without Rule 56(f) notice was improper; remanded for further proceedings |
| Standard for amount of maintenance and cure | Calculated payments using $1,600 rent (overpaid); maintenance should reflect actual reasonable living expenses | Special circumstances (employer delay) may make reasonable expenses exceed actual incurred expenses | Court recognized norm that maintenance equals actual living expenses but reserved exceptional circumstances (where reasonable > actual) for jury factfinding; district court should not cap as matter of law |
| Remedy for alleged overpayment | Seek recovery of $13,027.80 overpayment | Resist affirmative recovery; accept offset against any damages | Affirmed: shipowner may not bring an independent action to recover already-paid maintenance and cure but may offset any overpayment against seaman’s damages (adopting Boudreaux) |
| Timeliness/promptness of maintenance payments (negligence) | Argued payments were appropriate when made | Argued delay forced housing changes and bears on amount owed and potential punitive/other remedies | District court correctly left negligence/timeliness issues for jury; summary judgment inappropriate on promptness |
Key Cases Cited
- Boudreaux v. Transocean Deepwater, Inc., 721 F.3d 723 (5th Cir. 2013) (overpaid maintenance can be offset against damages but not recovered in independent suit)
- Whitman v. Miles, 387 F.3d 68 (1st Cir. 2004) (maintenance and cure continues until maximum medical recovery)
- Vaughn v. Atkinson, 369 U.S. 527 (1962) (purpose and scope of maintenance and cure)
- Berkovitz v. Home Box Office, Inc., 89 F.3d 24 (1st Cir. 1996) (requirements for sua sponte summary judgment on unraised grounds)
- LeBlanc v. Great Am. Ins. Co., 6 F.3d 836 (1st Cir. 1993) (summary judgment standard and view of facts)