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MOEN v. ENDRESEN

February 29, 1952

MOEN
v.
ENDRESEN et al.



The opinion of the court was delivered by: EDELSTEIN

Findings of Fact.

1. At all the times mentioned in the libel the libellant was employed as a seaman by the respondents Ellen Endresen and Daniel Endersen, deceased, whose estate is here represented by Judith Endresen as executrix, on the fishing vessel Norseman from about December, 1946, to about the latter part of May, 1949, and was employed as a seaman by the respondents Carl Carlsen and Bill Simpson on the fishing vessel Maridor from about June 1, 1949 to August 23, 1949.

2. At all such times The Norseman was owned, operated and controlled by Ellen Endresen and Daniel Endresen and The Maridor was owned, operated and controlled by Carl Carlsen and Bill Simpson.

 3. On or about August 22, 1949, while libellant was employed as a member of the crew of The Maridor, tuberculosis of the left lung, of which the libellant had not been previously aware, manifested itself, causing him to become disabled.

 4. From August 24, 1949 to April 11, 1951 libellant was an in-patient and received treatment and medical care at the Marine Hospitals, maintained by the United States Public Health Service at Stapleton, Staten Island, Neponset, Long Island and Manhattan Beach, Brooklyn.

 5. On April 11, 1951, libellant was discharged from the Marine Hospital at Manhattan Beach with his condition noted as 'apparently arrested'.

 6. All in-patient treatment, care and maintenance between August 24, 1949 and April 11, 1951 was without any expense to the libellant.

 7. Libellant's last positive culture at the Marine Hospital had been found during December, 1950, and since that time, all findings have been negative.

 8. An expert on lung diseases gave uncontradicted testimony that:

 (a) libellant's condition was to be regarded as 'apparently arrested' for a period of one year from the date of the last positive culture, during which period libellant was disabled from performing any work whatever;

 (b) thereafter the libellant was to continue with periodic medical checkups and observation for a period of five years, during which his condition was to be regarded as 'arrested', in the absence of any additional positive findings or other deterioration in his condition; and

 (c) libellant would be disabled from performing his usual work as a seaman during that five year interval, but could perform suitable light work, and at the expiration of the five year period he would be regarded as 'cured', although he would be unable to resume work as a seaman for the rest of his life.

 9. The X-rays taken on August 24, 1949 indicate that the libellant's latent tuberculosis condition existed for a period of at least six months prior to that date.

 10. The libellant's latent tuberculosis condition arose sometime during libellant's employment on The Norseman, but did not become disabling until August 22, ...


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