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Admiralty Law Keyed to Maraist
Smith v. Atlas Off-Shore Boat Service
Citation:
653 F.2d 1057 (1981)Facts
Jerry Smith worked for Atlas Off-Shore Boat Service on a rotational schedule of two-week shifts followed by two weeks off. While working aboard the M/V TROJAN, Smith suffered an ankle injury at the end of his shift. Six weeks later, although still experiencing symptoms, Smith asked his physician to declare him fit for duty so he could return to work. Smith then worked a full two-week shift on another Atlas vessel. During his subsequent leave period, Smith’s attorney notified Atlas of Smith’s intent to file a personal injury claim. When Smith’s leave ended, the Atlas port captain informed him that he could not return to work unless he abandoned his personal injury claim. When Smith refused to drop the claim, Atlas terminated his employment. Smith then filed suit against Atlas alleging negligence under the Jones Act and retaliatory discharge under general maritime law.
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