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89 Tul. L. Rev. 1307 (2014-2015)

handle is hein.journals/tulr89 and id is 1385 raw text is: RECENT DEVELOPMENT Skye v Maersk: Redefining Physical I. O VERVIEW .................................................................................. 1307 II. BACKGROUND ............................................................................ 1308 II. COURT'S D ECISION .................................................................... 1311 IV A NA LY SIS ................................................................................... 13 13 V C ON CLU SION .............................................................................. 1316 I. OVERVIEW William Skye, formerly the chief mate on a commercial vessel chartered and operated by Maersk Line, Ltd. (Maersk), suffers from left ventricular hypertrophy, a thickening of his heart wall in his left ventricle.' During his eight years as chief mate aboard the vessel, Skye worked between 90 and 105 hours per week for 70 or 84 days at a time.2 As part of his duties, he performed physically demanding tasks for long periods of time without regular sleep In 2000, he was diagnosed with benign arrhythmia, and in 2008, he began experiencing a burning sensation in his chest in addition to his arrhythmia.4 His cardiologist diagnosed him with left ventricular hypertrophy, caused by high blood pressure At this time, the cardiologist advised Skye to stop working on the vessel because his work was contributing to his high blood pressure.' In 2011, Skye filed suit against Maersk, alleging that his hypertrophy was caused by the vessel's working conditions and that the defendant was negligent in not providing reasonable working hours, an adequate crew, and adequate rest hours.7 During trial, Skye's cardiologist testified that the most likely cause of the physical damage to his heart was his grueling work schedule and inadequate sleep.8 The expert cardiologist explained that in response to overwork and inadequate sleep, the body secretes large amounts of adrenaline, 1. Skye v. Maersk Line, Ltd., 751 E3d 1262, 1263-64, 2014 AMC 1257, 1257-59 (1 th Cir. 2014). 2. Id. at 1263, 2014 AMC at 1258. 3. Id. at 1264, 2014 AMC at 1258-59. 4. Id. at 1263-64, 2014 AMC at 1258-59. 5. Id, 2014 AMC at 1259. 6. Id. at 1264, 2014 AMC at 1259. 7. Id. 8. Id 1307

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