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89 Tul. L. Rev. 1135 (2014-2015)

handle is hein.journals/tulr89 and id is 1213 raw text is: Ancient Duties, Modem Perspectives: Recent Developments in the Law of Maintenance and Cure Kimbley A. Keamey* Mark J. Sobczakt I. MAINTENANCE AND CURE-AN ANCIENT DUTY R EV ISITED .................................................................................. 1136 II. THE SEAMAN'S REMEDIES ........................................................ 1137 I1. INVESTIGATING THE MAINTENANCE AND CURE CLAIM- THE STARTING POINT FOR DEFEATING THE CLAIM OR INCREASING ExPOSURE FOR DAMAGES .................................... 1139 A. The Vessel Owner Has the Right To Require the Seaman To Establish Prima Facie Entitlement to Maintenance and Cure ..................................................... 1140 B. 'Investigation Will Not Shield a Vessel Owner from Liability Once the Seaman Has Established a Puima Facie Right to Maintenance and Cure .................. 1144 C The Vessel Owner Cannot Turn a 'ld Eye to Accessible Evidence Corroborating Validity ofa Maintenance and Cure Claim .......................................... 1147 D Where Medical Evidence Conflicts, Seamen Get the Benefit ofAll Doubt ........................................................ 1151 E. The Reasonableness ofMaintenance and Cure Decisions Is Not Determined in Hindsight ..................... 1152 0 2015 Kimbley A. Kearney and Mark J. Sobczak. * Kimbley A. Kearney is a partner with Clausen Miller PC. and is AV® PreeminentT rated by Martindale-Hubbell. She has successfully litigated cases involving maritime personal injury, wrongful death, property loss, class actions, mass toxic tort, and insurance coverage in trial and appellate courts throughout the United States. Ms. Kearney is a Proctor in Admiralty, a member of the Federation of Defense and Corporate Counsel, and a former Member of the Board of Directors of the Maritime Law Association of the United States. She received her J.D., cum laude, and M.B.A. from Tulane University. f Mark J. Sobczak is an associate with Clausen Miller P.C. whose practice has encompassed a wide variety of appellate, trial-level, and administrative cases in the areas of casualty defense, employment discrimination, professional negligence, admiralty, toxic tort, and insurance coverage. Mark received his J.D., magna cum laude, from Northern Illinois University College of Law. 1135

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