dwp eNewsletter
Vol 1 : Ed 11 - April 2008
| in short |
| never underestimate the power of a flea bite |
We’ve
all experienced them at least once in our lifetime but not quite in the
way Tina Conder did onboard a riverboat casino, the “Glory of Rome”.
The Glory of Rome is a floating casino which carries 5 000 passengers and is permanently docked in Indiana’s Harrison County. During 2007, the vessel experienced what can only be described as an “infestation of fleas”. Ms. Conder who worked on the vessel as a dealer has instituted action against her employer under maritime law for damages.
Ms. Conder claims that she suffered from copious amounts of flea bites which have directly resulted in her crippling health problems. Steroid injections were administered to Ms. Conder in an attempt to suppress her reactions to the bites; however she subsequently suffered two heart attacks and was diagnosed with “hypereosinophilic syndrome” which basically translates into a rare blood disorder.
Due to the fact that the worker’s compensation laws of Indiana provide limited benefits to Ms. Conder, her action is based on the federal Jones Act. This Act provides for elevated compensation for injured maritime workers, including the reimbursement of medical fees and back-pay of wages.
A Harrison Circuit Court Judge found, in December 2007, the Jones Act to cover the work done by Ms. Conder onboard the Glory of Rome. The Judge reasoned that Ms. Conder was a “seaman whose job was intended to help the vessel fulfill its mission”.
The decision is currently on review by the Indiana Court of Appeals.
| contact us |
delport ward & pienaar
attorneys,
notaries & conveyancers
1st floor - cornerstone house
16 loop street
cape town
8001
telephone, cape town
+27-21-419.3733
telefax, general
+27-21-419.3743
telefax, conveyancing
+27-21-425.6782
telefax, collections
dept
+27-21-421.6625
telephone, london
+44-20-8133.0337
telephone, washington
dc
+1-202-657.6733
telephone, hong kong
+852-8139.7374
| info@dwp.co.za |
1st floor - cornerstone house, 16 loop street, cape town | docex 600, cpt | t, +27-21-4193733 | f, +27-21-4193743