Brassea v. Person

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

Seaman Julio Brassea suffered an inguinal hernia while working as a fisherman on the F/V DAPHNE S. While performing surgery to repair this hernia, the doctor discovered a second, unrelated Richter’s hernia and performed a second surgery to repair it. The owner of the DAPHNE S. paid maintenance and cure for the costs associated with the first hernia, but not the second, contending that Brassea was no longer “in the service of the ship” when the second hernia was discovered. The superior court ruled that maintenance and cure was not owed Brassea…