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The Jones Act Law Blog is provided by the maritime lawyers at Beard Stacey & Jacobsen, LLP. The blog is a source of information, news and legal decisions relevant to the maritime community and workers injured at sea. Beard Stacey & Jacobsen is one of the nation's leading maritime personal injury firms. They have handled thousands of Jones Act injury claims and recovered millions of dollars in compensation for their clients located throughout the nation. If you have questions about your rights as an injured maritime worker, contact Beard Stacey & Jacobsen for a free initial consultation.

Alaska Fishing Boat Sinks After Hitting Iceberg; Crew of Three Saved By Nearby Vessels
Posted by: James M. Beard
August 30, 2010
Topic: Vessel Sinkings

A sixty-foot fishing vessel struck an iceberg in Wrangell Narrows entrance and sank Friday morning. The three crewmembers of the EMILY JANE were rescued by nearby good samaritan vessels. The vessel reportedly was carrying 600 gallons of fuel. Salvage and pollution control efforts were underway on Saturday. There were no reported injuries and how the vessel became involved in the collision is unknown at this time.

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Tug Boat Deckhand Suffers Head Injury
Posted by: James M. Beard
August 26, 2010
Topic: Injury at Sea

A 53-year old deckhand aboard the tug CHOPTANK has been airlifted to Alabama Medical Center in Mobile. The crewman was reportedly injured after falling 12 feet down a ladder well. The accident happened near Dauphin Island. The injured crewman, Glenn Kelly, was airlifted from the 100-foot tug by a Coast Guard helicopter. The cause of the accident is unknown at this time.

Injuries involving falls down ladders and stairs are frequently seen aboard tugs and fishing vessels. Proper maintenance, design and construction of the stairs should be a high priority for all vessel owners.

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Marine Electrician Recovers $740,000 Jones Act Verdict After Fall From Ladder
Posted by: James M. Beard
August 12, 2010
Topic: Injury at Sea

A marine electrician has recovered $740,000 in compensation under the Jones Act after falling from a ladder aboard ship. A Seattle, Washington jury returned a verdict after hearing evidence of the seaman's injuries. The crewman suffered a complex fracture to his jaw and post concussion syndrome. At the time of trial, the crewman had resumed his duties aboard ship but continued to complain of occasional migraine headaches.

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Crewman On Fishing Vessel RONDYS Suffers Head Injury
Posted by: James M. Beard
August 12, 2010
Topic: Injury at Sea

A crewman working on the 113-foot fishing vessel RONDYS suffered a head injury early today and was airlifted by helicopter. The crewman is being taken to Emanuel hospital in Portland. The accident happened 160 miles off the shore of Westport, Washington. The cause of the accident and the condition of the crewman are unknown at this time. Records indicate the RONDYS is owned by Rondys Tendering LLC of Westport. The vessel is a steel hulled vessel built in New York Naval Shipyard in 1933.

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Capsized Charter Boat Found Off Vancouver Island
Posted by: James M. Beard
August 09, 2010
Topic: Missing Crewmembers / Persons

The small capsized charter boat of four fishermen was discovered Sunday, August 8, 2010, approximately six miles off shore and 25 miles south of Winter Harbor. No sign of the four missing men has been found, and hopes for rescue are growing less and less. The 19-foot vessel was not equipped with survival suits or an EPIRB. The charter was reportedly led by an experienced fishing guide, Kevin Sturgess. The fishermen were last heard from one week ago. Two fishermen from Washington and a third from Oregon are among the missing.

Charter fishing accidents have been some of the most deadly accidents along the Washington and Oregon Coasts. Remarkably, few safety regulations govern the fleet.

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Fisherman Suffers Head Injury Off Oregon Coast
Posted by: James M. Beard
August 04, 2010
Topic: Injury at Sea

A crewman from the fishing vessel SEA SPIRIT was medically evacuated to Emanuel Hospital in Portland on Wednesday. The injury happened approximately 80 miles west of Tillamook Bay, Oregon. The 27 year old crewman reportedly was involved in a fall that caused his injury. No further details of the accident were available.

Crewmen injured aboard fishing vessels are protected under Federal maritime law, including the Jones Act. Serious injuries happen all too frequently to commercial fishermen. Vessel owners owe crewmen a safe place to work and the duty to provide them a seaworthy vessel. Reasonable safety measures must be in place to prevent foreseeable injuries. This crewman was evacuated by helicopter from the fishing vessel. In the case of suspected head injuries, it is important that a crewman be evaluated and treated as soon as possible after sustaining an injury.

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Court Rules Statements In Crewman's Accident Report Not Admission of No Fault
Posted by: James M. Beard
July 29, 2010
Topic: Legal Cases and Concerns

A Court has denied the motion of a vessel owner, Atlantic Soundings, to dismiss a deckhand's Jones Act negligence claims. The case involves a hand injury suffered by a deckhand who was tying the vessel to a pontoon when his hand became caught in the bite of the line.

In support of their motion to dismiss the deckhand's claims, Atlantic Soundings relied upon a written accident report signed by the deckhand on the day of his injury. In the accident report the deckhand stated that his injury was the result of an accident and no one was at fault for his injury. Atlantic Soundings argued this was an admission by the deckhand that there was no liability and, therefore, his case should be dismissed. The Court rejected this argument stating: "Mr. Parker's alleged admission that his injury was purely an accident occurred right after his injury and his judgment might have been affected by the injury. Thus, the injury report is not dispositive on the issue of the Defendant's (Atlantic Soundings) negligence. There are enough facts in the record to support a potential finding of negligence on the part of Atlantic Soundings...."

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Seattle Fishing Vessel Aground in Prince William Sound
Posted by: James M. Beard
July 28, 2010
Topic: Vessel Groundings

A Seattle-based fishing vessel with a crew of seven on board has gone aground in Prince William Sound, Alaska. The 100-foot long CAPE CROSS went aground early Monday in Marine Bay. The vessel initially listed to 30 degrees, but subsequently rolled completely on its side. The Coast Guard and salvage crews are working to repair and refloat the vessel. Divers will attempt to place a temporary patch in the side of the damaged vessel. Oil booms have been placed around the vessel to attempt to prevent environmental damage. There were no reported injuries in the accident. The cause of the accident is under investigation by the Coast Guard, whose spokesman stated: We were lucky in these cases that there were no reported injuries. Mariners are responsible for knowing where they are navigating at all times. We encourage all mariners to practice safe boating techniques, including using maritime charts and navigation equipment and to maintain an alert watch to ensure safe navigation in Alaska's diverse waterways.

Three other Alaska fishing vessels were involved in grounding this week, including the 34-foot ARCOLA, which completely sank off Swanson Harbor; the 34-foot WINDBREAKER, which ran aground in Berners Bay; and the 69-foot crab boat CHEVELLE, which ran aground and was holed in Revillagigedo Channel.

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Alaska Fishermen's Fund Benefits Increased to $10,000
Posted by: James M. Beard
July 09, 2010
Topic: Legal Cases and Concerns

The State of Alaska has amended the Alaska Fishermen's Fund to increase benefits to up to $10,000 for crewmen injured on shore or in Alaska State Waters. The previous limit on benefits had been $2,500. The Alaska Fishermen's Fund is funded through Alaska crewmen licenses and permits.

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Price Fixing Suit Filed Against Pacific Seafoods
Posted by: James M. Beard
July 09, 2010
Topic: Legal Cases and Concerns

A class action law suit has been filed against seafood giant Pacific Seafoods alleging the company has engaged in unfair business practices to fix prices for Northwest fishermen. The suit seeks in excess of $500 million dollars in damages. The suit was filed in United States District Court in Portland in late June. Pacific Seafoods controls a large share of the shoreside fish processing plants in Oregon and Washington and owns a fleet of vessels. Pacific Seafoods reportedly has gross revenues of one billion dollars per year and employs 1,500 to 2,000 employees. Frank Dulcich, CEO of Pacific Seafoods, reportedly owns 54 companies involved in the Pacific Northwest fisheries. The fishermen bringing the suit against Dulcich's company allege he has created a monopoly and anticompetitive environment in crab, shrimp, groundfish and whiting fisheries. Pacific Seafoods denies the allegations of the complaint.

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