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

Ninth Circuit

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

366 F.2d 510, 1966 U.S. App. LEXIS 5025, 1967 A.M.C. 514

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 8, 1966

Docket20636

StatusPublished

Cited by5 cases

This text of 366 F.2d 510 (Grace Line, Inc., a Corporation, and S.S. Santa Juana v. Michael J. Kanton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

366 F.2d 510, 1966 U.S. App. LEXIS 5025, 1967 A.M.C. 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grace-line-inc-a-corporation-and-ss-santa-juana-v-michael-j-kanton-ca9-1966.

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