A worker suffered serious injuries aboard the Ergina Luck early Monday Morning. The Ergina Luck is a 750-foot Liberia flagged bulk carrier vessel and was anchored near Astoria, Oregon. The Coast Guard was contacted on Monday by the agent for the ship who reported the man had fallen in the vessel’s bilge and had injury his back and both legs. The injured crewman was reportedly aboard the vessel to install a recirculation system. The injured worker was reportedly employed by Degesch America, based in Portland. The rescue team reportedly carried the man on a stretcher up three flights of stairs before lowering him to a motor lifeboat for transfer to shore. The facts and circumstances of the injury are under investigation. The outcome of the man’s injuries are currently unknown.
The Coast Guard has medical evacuated a crewman from the fishing vessel Bering Hunter. The vessel was located approximately 60 miles south-west of Cold Bay. Reports indicate that the crewman fell and suffered a head injury. The Captain of the vessel requested a medical evacuation and following consultation with the flight surgeon the injured crewman was airlifted from the vessel by Jayhawk helicopter. The Coast Guard, by advance placement of the helicopter in Cold Bay, are able to eliminate hours of flight time in emergency situation such as this. Prompt evacuation of crewmen who have suffered head injuries is important to the crewman’s safety. When in doubt call the Coast Guard who can provide a consultation with a flight surgeon about medical evacuation. Flight surgeons are on duty 24 hours a day to respond to emergencies. No details about the cause of the accident were provided. Falls aboard fishing vessels at sea frequently cause crewman injuries. Working in heavy weather increases the risk of injury.
A commercial fisherman in California has lost his life on Sunday in a crab fishing accident. Two crewmen working on the 47-foot Chief Joseph went overboard in the accident and the captain was able to rescue one of the crewmen but the other man could not be found. After an extensive air and sea search for the missing fisherman the Coast Guard has now called off the search. The facts and circumstances of the accident are not fully known at this time and will likely be the focus of a Coast Guard investigation.
Commercial fishing on the California, Oregon and Washington coast remains an extremely dangerous occupation. Small vessels working in heavy seas compound the risk of injury and death. It is important that all the vessel’s gear be properly maintained and proper safety procedures followed. Crewmen working on deck should wear safety vests. Vessel crews should train and practice what to do in the event of a man overboard situation.
Two other crab fishing vessels required Coast Guard Assistance last week. With four crab fishermen on board, the 57-foot Lori Ann lost power and steering near the Humboldt Bay North Spit. The Coast Guard was able to quickly respond and tow the vessel to port.
The Ninth Circuit Court of Appeals has ruled that injured seaman and fisherman may claim punitive damages under the general maritime law unseaworthiness doctrine. The Ninth Circuit Court of Appeals is the law that governs the claims for injured seaman that are filed in Alaska, Washington, Oregon and California State and Federal Courts. Governing law in these Courts now permit a seaman who is willfully and recklessly injured as a result of the vessel’s unseaworthiness to claim punitive damages. The standard for an award of punitive damages is “conduct which manifests reckless or callous disregard for the rights of others or gross negligence or actual malice or criminal indifference”. Punitive damages are designed to punish certain wrongful acts and conduct of by the vessel owner and to serve as a deterrent to other vessel to withhold from committing similar wrongful acts.
Punitive damages work. Since the ruling of the Supreme Court in Atlantic Soundings v. Townsend there has been a dramatic shift in the practice of vessel owners in the administration of maintenance and cure benefits. The threat of a potential punitive damage award has resulted in higher maintenance rates, broader approval of medical benefits, and an overall improvement in safety. Unfortunately, there remains many vessel owners who continue to negligent their vessels and operate them in an unseaworthy condition, and who ignore their duties provide proper maintenance and cure benefits. Punitive damages for unseaworthiness will play a vital role in ensuring that vessel owners abided by their duty to maintain and operate their vessels in a seaworthy manner.
The January 26, 2018 in Batterton v. Dutra Group, NO. 15-56775 (9th Cir. 2018) follows the land mark decision of the Supreme Court in Atlantic Soundings v. Townsend, 557 U.S. 464 (2009) and rejected arguments of vessel owner that Miles v. Apex Marine 498 US 19 (1990). The case adopts the Ninth Circuits prior ruling in Evich v. Morris 819 F. 2d 256 (9th Cir. 1987) and rejects the reasoning of the fifth Circuit in McBride vs. Estis Well Services 768 F. 3rd 382 (5th 2014).
A 42-year-old crewman was airlifted from the trawler F/V Golden Alaska on Wednesday. The crewman was suffering from a hernia. The Coast Guard flight surgeon on call recommended emergency medical evacuation by helicopter. The injured crewman was able to receive the needed surgical care reportedly within 8 hours of the coast guard being contacted.
Crewmen frequently suffer hernia injuries while working aboard Alaska fishing boats. Excessive lifting, pulling and pushing can cause a hernia. Vessel operators should minimize the risks of crewman suffering a hernia. Minimizing the frequency of lifts and the amount of weight lifted reduces risk of injury.
The facts of this case are unknown at this time. The F/V Golden Alaska was fishing 75 miles from Cold Bay. Weather conditions on scene were 4-foot seas and winds of approximately 17 miles per hour.
Two injured crewmen have been medevac’d from Alaska fishing vessels 135 miles north of Cold Bay. The crewman aboard the Northern Patriot was reported to have suffered a serious hip injury requiring emergent medical attention. The second crewman developed seasickness with loss of consciousness. The crewmen were both taken to Cold Bay for transfer to Anchorage for further evaluation and treatment.
The Northern Patriot is a 165-foot long trawler owned by Trident Seafoods. The Ocean Peace is a 220-foot long factory trawler. Both vessels are home ported in Seattle, Washington.
Recognizing and reacting to medical emergencies at sea is critical to crewman safety and the ability to recover from injuries. Contacting the Coast Guard for emergency medical advice and possible medical evacuating from a vessel is a vital resource and safety tool all vessel operators should be familiar with. Every vessel operator has a legal duty to provide their crewman prompt emergency medical care. This duty includes consulting with shore side medical experts when necessary to obtain proper medical advice about medical treatment. The duty continues once the crewman reaches shore and the vessel owner has a continuing duty under the maintenance and cure doctrine to pay all reasonable and necessary medical expenses associated with a shipboard injury or illness. This legal duty to provide medical care continues to the crewman reaches maximum medical improvement.
A crewman was airlifted from the F/V Defender today after suffering a head injury while working aboard the vessel. The Defender is a 154-factory trawler. Early reports indicate the crewman was struck in the head by a 37-pound block of frozen fish. More information about the facts causing the injury are unknown at this time. However, blocks of frozen fish are standard aboard many Alaska factory trawlers. After processing the fish are placed into pans, which are frozen into blocks by the vessel’s plate freezers. The frozen blocks are then placed into bags or boxes and stored in the vessel freezer hold. Crewmen are frequently injured during this process. It is important that all equipment and safety procedures are followed to prevent crewman injury when they are handling frozen cargo.
The accident happened 260 miles north of Cold Bay. A Coast Guard flight surgeon directed the emergency evacuation of the injured crewman. A Coast Guard helicopter stationed at Cold Bay airlifted the crewman to St. Paul where he was transported to Anchorage for further emergency medical treatment.
Serious head injuries must be promptly treated by emergency medical personnel. Following discharge from the hospital crewman suffering head injuries must be closely watched for signs of post concussive syndrome. Head injuries involving blows to the head can cause mild traumatic brain injuries. Symptoms of brain injury can include memory loss, headaches, personality changes, and depression.
Deckhand, Juan Martinez died at sea when he went overboard while working aboard the 54-foot tuna fishing vessel Summer Breeze. The vessel owned by Pat Patana was home ported in Chinook Washington. Martinez was 38 years old and is survived by his partner of 20 years, Lourdes Salvador and his two children.
The tragic incident happened approximately 100 miles west of Ilwaco. First reports indicate Patana reported he thought Martinez slipped and fell overboard while trying to untangle fishing lines. Patana told reporters that he tried to rescue Martinez but was unable to pull Martinez back on board the fishing boat. There were no nearby fishing vessels in the area to help Patana rescue Martinez.
Patana told local newspaper reporters that Martinez was an excellent employee with a strong work ethic. Patana is organizing a November 11th fundraiser to benefit Martinez family.
A 33-year-old crewman aboard the Alaska fishing vessel Island Enterprise was airlifted by helicopter following a hand injury on July 6, 2017. The crewman reportedly suffered a severe injury to his finger, which was “limb threatening”. A ship to shore medical service, Health Force Partners, contacted the Coast Guard on the Island Enterprise’s behalf about treatment for the injury, after consultation with the Coast Guard flight surgeon the crewman was evacuated from the vessel. The Island Enterprise was approximately 152 miles north of Dutch Harbor. Weather conditions were reported as 35 mile per hour winds with 8-10 foot seas. The Island Enterprise is a 280-foot fish processor owned by Trident Seafoods. The circumstances surrounding the crewman’s injury is currently unknown.
In an emergency medical situation a fishing vessel may contact the United States Coast Guard for medical advice and assistance. To avoid unnecessary delays that may lead to medical complications and possible death a crewman may be airlifted from the vessel as happened in this case.
Health Force Partners is a private medical consulting firm utilized by many Alaska fishing companies. Health Force Partners’ “Physician Healthline” provides medical advice about treatment of injured crewman to the vessels owner and the employer. According to Health Force Partners web site the Physician Healthline is staffed 24 hours a day and can on the average provide a physician consultation within a few minutes of being contacted by a fishing vessel. Health Force Partners may work with the employer to coordinate emergency medical care and medical evacuation for an injured fisherman.
A Seattle jury awarded 1.35 Million dollars in damages to an Alaska Crab Fisherman, David Zielinski, who suffered a severe hand aboard the F/V TIME BANDIT in January of 2013. The Jones Act injury case alleged the Zielinski’s employer was negligent in instructing Zielinski and other crewman aboard the TIME BANDIT to shoot powerful mortar type fireworks at an adjacent crab fishing vessel. As Zielinski was holding the lighted fireworks device in his hand it exploded breaking multiple bones in his right hand and arm.
The TIME BANDIT is one of the featured Alaska crab boats on the popular television show “Deadliest Catch”. The vessel is owned by New Era Alaska and Time Bandit Inc. The vessel was operated by the Hillstrand brothers, John and Andy. In various episodes of the Deadliest Catch TV show the crew has been depicted lighting fireworks aboard the vessel. The vessel had its own fireworks packaged with the TIME BANDIT name.
A You Tube video posted on the Internet shows the Time Bandit and the Northwestern, another Deadliest Catch vessel, engaged in a firework fight on a separate occasion. The video appears to depict crewman holding mortar type devices, large roman candles in their hands and firing rockets and mortar shells between the two vessels. A fair viewing of this video raises the question of not whether a crewman will be injured but rather when.