Supreme Court Denies Writ in Jones Act Suit to Recover for Work Related Stress Update on McBride
Supreme Court Denies Writ in Jones Act Suit to Recover for Work Related Stress
Update on McBride
By:Bryan O'Neill
Skye v. Maersk Line, Ltd. Corp., 751 F.3d 1262 (11th Cir. 2014), writ denied 2015 U.S. LEXIS 3032 (May 4, 2015)
Last May, a divided panel of the Eleventh Circuit reversed a judgment for a seaman who filed suit for damages when he developed left ventricular hypertrophy due to excessive work hours and an erratic work schedule. At trial, he was awarded a judgment of over $2 million which was later reduced by the trial judge to $590,574. The defendant employer appealed to the Eleventh Circuit which reversed and rendered a judgment in favor of the employer. In a very divided opinion, the court drew an analogy between the plaintiff in Carlisle in the Gottshall decision. Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 114 S. Ct. 2396, 129 L. Ed. 2d 427 (1994) In that consolidated case, Mr. Carlisle experienced “insomnia, headaches, depression, weight loss, and a nervous breakdown attributable to "work[ing] 12- to 15-hour shifts for weeks at a time." He was denied recovery when the Supreme Court adopted the Zone of Danger Test. Like Carlisle, the seaman, Skye, had physical manifestations due to work related stress. But, not every physical injury is compensable under the Jones Act. “An arduous work schedule and an irregular sleep schedule are not physical perils.”Judge Fay concurred feeling bound by Gottshall but noting that requiring an employee to work 90 to 105 hours a week for 70 to 84 days hardly constitutes a safe work place and urged the Supreme Court to “revisit this area of law.”Judge Jordan filed a dissent recognizing the disparate application of Gottshall by federal and state courts and would permit recovery.On May 4, the Supreme Court denied writs despite the entreaties by Judge Fay.McBride v. Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014)We will know whether the en banc decision of the Fifth Circuit denying punitive damages for wrongful death and personal injury to seamen in territorial waters due to the alleged breach of the warranty of seaworthiness on Thursday. The Supreme Court has set this matter for its conference on May 14, 2015. We will announce the decision as soon as we learn of it.
