Robert H. Jackson

“ Aside from gross misconduct or insubordination, what the seaman is doing and why the how he sustains injury does not affect his right to maintenance and cure, however decisive it may be as to claims for indemnity or for damages for negligence. ”

“ We hold that he is entitled to the usual measure of maintenance and cure at the ship's expense, no less and no more, and turn to ascertainment of its bounds.
The law of the sea is in a peculiar sense an international law, but application of its § ecific rules depends upon acceptance by the United States. The problem of the sick or injured seaman has concerned every maritime country and, in 1936, the General Conference of the International Labor Organization at Genevasubmitted a draft convention to the United States and other states. ”

“ The Court laid aside cases where incapacity is caused by the employment and said, 'We can find no basis for saying that, if the disease proves to be incurable, the duty extends beyond a fair time after the voyage in which to effect such improvement in the seaman's condition as reasonably may be expected to result from nursing, care, and medical treatment. ”

“ If anyone of them is maimed and disabled he shall be maintained as long as he lives by a like average.'
We need not elaborate upon the meanings or weight to be given to these medieval pronouncements of maritime law. As they show, they were written when pirates were not operatic characters but were real-life perils of the sea. ”

“ He is totally and permanently blind and suffers post-traumatic convulsions which probably will become more freq ent and are without possibility of further cure. From time to time he will require some medical care to ease attacks of headaches and epilepic convulsions. The court below concluded that the duty of a shipowner to furnish maintenance and cure does not extend beyond the time when the maximum cure possible has been effected. Petitioner contends that he is entitled to maintenance as long as he is disabled, which in this case is for life. ”