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JASKOLSKI v. GROVES

June 22, 1949

JASKOLSKI
v.
GROVES et al.



The opinion of the court was delivered by: MCGRANERY

Findings of Fact

1. On May 19, 1947, the decedent, Frank D. Jaskolski, was a seaman in the United States Merchant Marine.

 2. On that date the respondents possessed, operated, managed and controlled the S.S. Jefferson City Victory in foreign commerce.

 3. On April 23, 1947, the decedent signed Shipping Articles as a member of the crew of the S.S. Jefferson City Victory, in the capacity of able-bodied seaman, at the rate of $ 182.85 per month cash wage, plus keep of the value of $ 45.00 per month, for a foreign voyage from the Port of Savannah, Georgia, to one or more ports in Europe, and back to a final port of discharge in the United States, for a term of time not exceeding nine calendar months.

 4. At the time the decedent signed aboard the vessel, he was possessed of normal and healthy hands and fingers.

 5. During the voyage, on May 19, 1947, at approximately 2:30 p.m., when the vessel was approaching the Delaware River pilot station, while decedent was aiding in topping the inside starboard boom, at the number 4 hatch, in the course of his employment, his right hand was caught between the guy line and a cleat, as a direct result of which he suffered the traumatic amputation of one half of the distal phalanx of the right index finger and comminuted fracture of the middle phalanx of the right index finger; the line of amputation was practically located just proximal to the matrix of the nail, the nail matrix was not disturbed, and a new nail was formed.

 6. The decedent received medical care and attention on May 19, 1947, at the Chester Hospital, Chester, Pa. He received additional medical attention at the St. Agnes Hospital, Philadelphia, from May 20 to May 22, 1947, at which time he was transferred to the United States Marine Hospital, Baltimore, Md., where he remained until May 31, 1947.

 7. The decedent received outpatient treatment from June 1 to July 5, 1947, at which time he was discharged as fit for duty. All medical care and attention received by the decedent was without expense or cost to him.

 8. The decedent was fit for duty on July 5, 1947. He received medical care and attention as an outpatient from June 1 to July 5, 1947, a period of 35 days.

 9. The decedent returned to sea aboard the S.S. Venore on July 17, 1947, in the capacity of Quartermaster.

 10. The deceased's injury was sustained in the service of the vessel.

 11. Decedent died on November 28, 1947, from causes having no relation to injuries herein, and the libellant was granted Letters of Administration of decedent's estate on December 27, 1948.

 13. The total time elapsed between the date of the deceased's discharge from the vessel to the date he was fit for duty is 45 days, from which is deducted, for maintenance calculations, a period of 10 days which he was hospitalized in the St. Agnes Hospital and the United States Marine Hospital, ...


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