United States District Court, W.D. Washington, Seattle
HANNA V. CONGER, Plaintiff,
K&D FISHERIES LLC, et al., Defendants.
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO
REINSTATE MAINTENANCE AND CURE
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiff's Motion to
Reinstate Maintenance and Cure. Dkt. #10. Plaintiff argues
that she is entitled to maintenance and cure until a medical
professional has determined that she has reached maximum
cure, which has not yet occurred. Id. Defendants
oppose the motion, arguing that the record evidences
Plaintiff has reached maximum cure, and therefore they are no
longer required to pay maintenance and cure. Dkt. #15. For
the reasons discussed herein, the Court now GRANTS IN PART
Conger was injured aboard the F/V KESIA DAWN in September of
2014, when a full tote of fish dropped on her left foot. Dkt.
#1 at ¶ 7. Plaintiff apparently did not seek any medical
attention while in service of the vessel. Dkt. #15-1 at
¶ 10, Ex. E. In an email from Plaintiff's counsel to
Defense counsel, the following was relayed regarding Ms.
. . . . She left the boat but did not immediately seek
treatment. She was given no accident report to sign, neither
maintenance nor unearned wages.
Conger finally sought treatment, with her personal health
insurance, at a doc-in-the-box in Bellevue on 11/12/14. She
was referred to Orthopedics but apparently chose treatment
from Father Time instead of following up with Ortho.
The pain seemed to decrease at first but later flared up due
to “significant scarring.” She went for an
evaluation at Va. Mason on 4/14/17 and was referred to
physical therapy. . . .
Dkt. #15-1, Ex. B.
of 2017, Defendants were requested to pay $45/day maintenance
and cure. Id. Defendants agreed to pay the requested
rate, and sent Plaintiff a check for payments from the date
she saw a doctor on April 14, 2017, to June 9, 2017, and
agreed to make continued payments during Plaintiff's
recovery. Dkt. #15-1, Ex. C.
last saw Dr. Shaw at Virginia Mason Medical Center on July
26, 2017, for a “Sports medicine podiatry
follow-up.” Dkt. #10, Ex. 1. Dr. Shaw noted that:
[Hanna's] done 6 weeks of formal PT and met all goals,
and admits she's been a little sporadic in her home PT
since. Nonetheless pain is slowly improving, now only 2/10 at
worst. She is able to run 4 days weekly and hike with
occasional intermittent discomfort.
. . ...