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GOODEN v. TEXACO

June 23, 1966

Andrew C. GOODEN, Jr.
v.
TEXACO, INC. Andrew C. GOODEN, Jr. v. SINCLAIR REFINING COMPANY, Respondent, and Texaco, Inc., Impleaded Respondent



The opinion of the court was delivered by: CLARY

 CLARY, Chief Judge.

 These cases having been heard and upon submission of Findings of Fact and Conclusions of Law by the parties, the Court makes the following

 FINDINGS OF FACT

 1. Libellant is a seaman in the United States Merchant Marine.

 2. Texaco, Inc., respondent in No. 195 of 1964 in Admiralty, and impleaded respondent in No. 151 of 1965 in Admiralty, is a corporation which owned and/or operated the SS. TEXACO MISSISSIPPI, engaged in interstate or foreign commerce, at all times material herein.

 3. Sinclair Refining Company, respondent in No. 151 of 1965 in Admiralty, is a corporation which owned and/or operated the SS. J. E. DYER, engaged in interstate or foreign commerce, at all times material herein.

 4. On or about July 8, 1963, libellant entered the employ of Texaco, Inc., respondent, as a member of the crew of its SS. TEXACO MISSISSIPPI, under nearby foreign articles, in the capacity of fireman-watertender.

 5. On or about September 5, 1963, libellant, while in the service of the SS. TEXACO MISSISSIPPI, sustained an accidental injury to his back. Such injury was not by reason of his own vice or gross misconduct or insubordination to orders.

 6. Upon leaving the SS. TEXACO MISSISSIPPI on September 9, 1963, libellant was admitted to out-patient care at the United States Public Health Service at Philadelphia, and at the United States Public Health Service Hospital at Staten Island, New York, and received treatment to his back.

 7. Libellant was pronounced fit for duty by the United States Public Health Service Hospital, Staten Island, New York, on December 15, 1964. He was asked to return to a United States Public Health Service Hospital for a later examination, and was again pronounced fit for duty at the Staten Island Hospital on February 9, 1965.

 8. Libellant was examined by Doctor Burden for Sinclair on March 1, 1965 and rejected. However, when he furnished a fit for duty slip from United States Public Health Service, he was accepted for employment by Sinclair and began service on March 2, 1965 in the capacity of wiper on the SS. J. E. DYER.

 9. The medical evidence indicates, and the Court so finds, that libellant was not, as a matter of fact, fit for duty either at the times he was granted the above-mentioned fit for duty slips by the United States Public Health Service, or when he joined the SS. J. E. DYER.

 10. While serving aboard the SS. J. E. DYER, the injuries sustained aboard the SS. TEXACO MISSISSIPPI were heightened and libellant was obliged to leave the SS. J. E. DYER on March 12, 1965 because of that disability. He sustained no accident aboard the SS. J. E. DYER.

 11. Following his discharge from the SS. J. E. DYER, libellant was readmitted to out-patient care at the United States Public Health Service, Philadelphia. Subsequently he was pronounced fit for duty by the United States Public Health Service in Staten ...


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