Francis A. Deisler v. McCormack Aggregates, Co. Dredge "Sandy Hook", Her Boilers, Engines, Tackle, Appurtenances, Etc.

OPINION OF THE COURT

McKee, Circuit Judge.

We are asked to decide, among other things, if a seaman’s failure to disclose a prior injury on a job application causes the seaman to forfeit his entitlement to maintenance and cure. We hold that, under the circumstances presented here, no such forfeiture has occurred and we will thus affirm the district court’s judgment.

I. FACTUAL BACKGROUND

McCormack Aggregates, Co. operates various dredging vessels in connection with its business of mining sand from the bottom of the sea. Francis Deisler is a seaman who is a member of International Union of…