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Conger v. K&D Fisheries LLC

United States District Court, W.D. Washington, Seattle

October 20, 2017

HANNA V. CONGER, Plaintiff,
v.
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

         I. INTRODUCTION

         This 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 Plaintiff's motion.

         II. BACKGROUND

         Ms. 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. Conger's treatment:

. . . . 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.

         In May 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.

         Plaintiff 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.

. . ...


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