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Seaman Entitled to Benefits for Cancer Diagnosed after he Left Ship

By Sherri Okamoto (Legal Reporter)

Wednesday, July 25, 2012 | 0

A tugboat seaman could obtain maintenance and cure benefits for cancer that developed while he worked on a ship, even though it was not diagnosed until his service was over, a federal appellate court ruled. The U.S. 2nd Circuit Court of Appeals' Friday decision in Messier v. Bouchard Transportation, No. 10-5181-CV, said it was the first published federal appellate panel to address the compensability of a sailor's asymptomatic injury or illness. Since the only evidence submitted by either party established that Richard Messier contracted his illness during his service onboard the tug Ev...

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