MEMORANDUM AND ORDER
BRODERICK, District Judge.
This matter is presently before the Court on plaintiff's Petition to Tax Defendant with Counsel Fees for Obtaining Maintenance and Cure. On September 9, 1970 plaintiff, an American merchant seaman, commenced two actions against defendant shipowner, his former employer: one for maintenance and cure and the other for damages under the Jones Act and the General Maritime Law. Both suits were consolidated for trial and jointly submitted to the jury under the rationale of Fitzgerald v. United States Lines, 374 U.S. 16, 83 S. Ct. 1646, 10 L. Ed. 2d 720 (1963). On February 9, 1973, a verdict was returned in favor of defendant and against plaintiff on the Jones Act and General Maritime Law claims, and in favor of plaintiff and as against defendant in the amount of $813.88 on the claim for maintenance and cure. The question now presented is whether plaintiff is entitled to counsel fees in connection with his being forced to retain counsel to pursue his claim for maintenance and cure.
It is clear that a seaman is entitled to counsel fees whenever he must take legal action to recover maintenance and cure payments to which he is entitled where there was no good cause for the shipowner's failure to pay. Vaughan v. Atkinson, 369 U.S. 527, 82 S. Ct. 997, 8 L. Ed. 2d 88 (1962). Therein the Supreme Court held defendant liable to the plaintiff for legal fees after finding the shipowners to have been callous in their attitude toward the seaman's claim. The Court stated:
As a result of that recalcitrance, libellant was forced to hire a lawyer and go to court to get what was plainly owed him under laws that are centuries old. The default was wilful and persistent. It is difficult to imagine a clearer case of damages suffered for failure to pay maintenance and cure than this one. 369 U.S. at 531, 82 S. Ct. at 999.