HUSEMAN v. ICICLE SEAFOODS
The Ninth Circuit Court of Appeals today released an opinion in HUSEMAN v. ICICLE SEAFOODS, No. 04-35655, a federal appeal. The panel consisted of Stephen Reinhardt, M. Margaret McKeown, and Richard R. Clifton, Circuit Judges.
McKEOWN, Circuit Judge:
Lanny Huseman appeals the district court’s decision on summary judgment that his Jones Act, 46 App. U.S.C. ยง 688, and unseaworthiness claims against Icicle Seafoods, Inc. (”Icicle”) were time-barred and that his maintenance and cure claim was barred by laches. As to the Jones Act and unseaworthiness claims, Huseman does not dispute that his filing was untimely and beyond the three year limitations period. Instead, he argues that he should be allowed to proceed under the theories of equitable tolling or equitable estoppel. Given the circumstances of this case, Huseman cannot establish the requirements for either equitable tolling or equitable estoppel. Huseman asks us to fashion, under the “wards . . .
REINHARDT, Circuit Judge, dissenting:
The majority allows a maritime employer to exploit the ignorance of an injured seaman and avoid paying him the compensation to which he is entitled under federal law, although for untold years it has been the policy of admiralty law to protect all seamen against this very type of willful exploitation. Icicle Seafoods advised Huseman and other seamen, in their Terms of Employment and in the Employee Handbook, that if they were to be injured, their benefits would be paid by Alaska Workers’ Compensation, and Icicle would coordinate any other benefits to which they were entitled under federal maritime law. It did this knowing that under federal maritime law it is responsible for paying maintenance and cure to its injured employees and is liable to suit under the Jones Act and under the doctrine of unseaworthiness. Then, when Huseman was injured, Icicle filled out Alaska Workers’ Compensation paperwork for him and gave him the names and phone numbers of people to contact regarding the Alaska Workers’ Compensation claim. It did not mention, however, that it was required to provide more generous compensation under federal law and certainly did nothing to coordinate the federal benefits or protect Huseman’s legal rights. Icicle Seafood’s whole pattern of behavior was designed to lull Huseman into a false sense of security, making him believe that, as his employer, it was looking out for him because it was taking care of all of his claims, a belief that Icicle hoped would last until the statute of limitations ran on the federal claims. Then, when Huseman came to Icicle a few months after the statute of limitations ran, and asked it to pay him what he was due, as it had promised to do in his Terms of Employment, Icicle, having succeeded in its objective, refused, relying on the statute of limitations and the doctrine of laches as defenses. . . .