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Excerpts
Claimant contends that he is not a seaman and is covered under the Act. He argues there is no evidence that he spent at least 30 percent of his time performing the duties of a seaman. He asserts that the altercation does not warrant exclusion of coverage because he did not have the willful intention to injure or kill himself or another. Claimant contends that the evidence establishes a prima facie case of compensable injuries occurring on July 2, 2009, to his lower back. He argues that he is entitled to reasonable and necessary medical treatment and should be reimbursed for medical expenses incurred.
Employer/Carrier argue that Claimant is a seaman, and is not covered under the Act. They argue that Claimant had a substantial connection to the vessel in terms of duration because he worked more than 30 percent of his time aboard the Deep Sea Champion. They base this argument on Claimant’s deposition testimony that he worked aboard the vessel for at least two months in the year preceding his accident and that the July 2009 assignment would have lasted at least two additional months.
Conclusion
The Employer is liable for all medical expenses which are the natural and unavoidable result of the work injury. For medical expenses to be assessed against the Employer, the expense must be both reasonable and necessary. Pernell v. Capitol Hill Masonry, 11 BRBS 532, 539 (1979). Medical care must also be appropriate for the injury. 20 C.F.R. § 702.402. A claimant has established a prima facie case for compensable medical treatment where a qualified physician indicates treatment was necessary for a work-related condition. Turner v. Chesapeake & Potomac Tel. Co., 16 BRBS 255, 257-258
(1984).
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