pain in his right knee joint which would frequently lock and thereafter swell up in the vicinity of the knew, as well as his inability to remain standing for any length of time because of the weakness and pain in his right ankle, plaintiff was unable to continue with these jobs and found himself incapable of performing any work which required him to stand or walk for any length of time.
9. Further physical examinations in November, 1947, by the same specialists showed no improvement in plaintiff's condition and indicated that further surgical treatment would be required to correct the conditions in his right ankle and right knee which disabled him and gave him more or less constant pain.
10. At the time of the trial of this matter between November 17, and 20, 1947, plaintiff was still physically disabled by reason of the condition of his right ankle and right knee, his weight and size rendering it doubly difficult for him to use these members in their present condition.
11. Prior to the time of the accident, plaintiff's right ankle and right knee were in good condition, and he was in nowise disabled.
12. Plaintiff's injuries were sustained in the service of the vessel and not by reason of his own misconduct. He has at no time since leaving the vessel refused any treatment proffered him.
13. Plaintiff is entitled to maintenance at the rate of $ 3,5o per day from the date of his discharge from the S.S. 'Frank C. Emerson' on December 29, 1945, to the date of the trial on November 20, 1947, excluding such periods as he was employed for wages by other employers, and periods when he was hospitalized under circumstances where he was under no expense.
14. The total time elapsed between the date of plaintiff's discharge from the vessel to the date of trial, that is, from December 29. 1945, to November 20, 1947, is 691 days, from which should be deducted for maintenance calculations the period of 71 days for his employment during 1947 and 275 for his hospitalization during 1946, leaving a total of 345 days for which maintenance and cure is due. Calculated at the rate of $ 3.50 per day, this amounts to $ 1,207.50.
Conclusions of Law.
1. Plaintiff was injured in the service of the S.S. 'Frank C. Emerson' on November 5, 1945.
2. Defendant is liable to the plaintiff for maintenance and cure at the rate of $ 3.50 per day.
3. Plaintiff is entitled to maintenance and cure from December 29, 1945, to the date of the trial, viz., November 20, 1947, excluding such periods as he was employed for wages by other employers, and such periods as he was hospitalized under circumstances where he is under no expense.
4. Defendant's obligation to pay maintenance to plaintiff did not cease upon plaintiff's discharge from the hospital since the discharge was premature but continued for a reasonable time during which medical treatment may be expected to effect a cure.
5. Under the circumstances of this case, such a reasonable period includes the time from December 29, 1945, to the date of trial, November 20, 1947, being 691 days less 275 days of hospitalization at the U.S. Marine Hospital in Detroit, Michigan, during 1946, and 71 days covering his intervening employment in 1947; plaintiff is entitled to an award for maintenance and cure for a total of 345 days.
Plaintiff is entitled to an award of $ 1,207.50 for maintenance and cure for 345 days at $ 3.50 per day, without prejudice to any later suit by plaintiff to recover such further maintenance and cure to which he m ? be entitled subsequent to November 20, 1947.
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