Oklahoma Jury Instruction - 6.6.2 Maintenance And Cure

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure is a legal guideline that explains the concept of maintenance and cure in maritime law cases. This instruction guides a jury by providing them with clear definitions and instructions regarding a seaman's right to receive maintenance and cure benefits. Keywords: Oklahoma Jury Instruction, 6.6.2, Maintenance And Cure, maritime law, seaman, right, benefits. Maintenance and cure, as per maritime law, are vital rights awarded to seamen who suffer injuries or illnesses while working on a vessel. It is a longstanding legal principle that ensures the welfare of seamen by providing them with financial support and medical treatment throughout their recovery period. Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure instructs the jury on the following key points: 1. Explaining Maintenance: The instruction defines maintenance as a daily stipend or allowance provided to a seaman to cover essential living expenses such as food, housing, and utilities while they are unable to work due to sickness or injury. It emphasizes that maintenance is supposed to cover the reasonable cost of necessities and suggests that the jury must consider these factors when determining a fair maintenance amount. 2. Defining Cure: The jury instruction clarifies that cure refers to the medical care and treatment that an injured or sick seaman is entitled to receive at the expense of their employer. It encompasses not only immediate medical attention but also ongoing care, rehabilitation, and any other reasonable medical expenses related to the incurred injury or illness. 3. Addressing the Burden of Proof: The instruction outlines the burden of proof placed upon the injured seaman, indicating that they must establish the existence of injury or illness, its causation while in service, and the necessity of maintenance and cure benefits. It also mentions that the seaman does not need to demonstrate negligence or fault by their employer to claim maintenance and cure. 4. Determining Compensation: The instruction further explains that the determination of maintenance and cure amounts lies within the discretion of the jury. It highlights that the jury should consider various factors, such as the seaman's regular living expenses, the nature and duration of their injury or illness, the availability and costs of medical treatment, and any other relevant circumstances. Different Types of Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure: 1. Temporary Maintenance and Cure: This refers to the provision of financial support and medical treatment to a seaman during the period of their temporary disability caused by injury or illness. Once the seaman has reached maximum medical improvement (MMI), these benefits come to an end. 2. Permanent Maintenance and Cure: When a seaman sustains a disabling injury or suffers from an illness of permanent nature, they are entitled to permanent maintenance and cure benefits. This type of maintenance and cure continues until death, recovery, or until the seaman reaches MMI, with no possibility of further improvement. 3. Maintenance and Cure Denial: In some cases, an employer may attempt to deny or limit maintenance and cure benefits to a seaman. This could happen if the employer disputes the existence of an injury or argues that the injury occurred outside the seaman's service. In such instances, the jury is instructed to carefully assess the evidence provided and determine the seaman's entitlement to maintenance and cure. Overall, Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure ensures that a seaman's rights to receive reasonable financial support and medical treatment are properly explained and protected during maritime law cases, safeguarding the well-being and interests of workers in the maritime industry.

Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure is a legal guideline that explains the concept of maintenance and cure in maritime law cases. This instruction guides a jury by providing them with clear definitions and instructions regarding a seaman's right to receive maintenance and cure benefits. Keywords: Oklahoma Jury Instruction, 6.6.2, Maintenance And Cure, maritime law, seaman, right, benefits. Maintenance and cure, as per maritime law, are vital rights awarded to seamen who suffer injuries or illnesses while working on a vessel. It is a longstanding legal principle that ensures the welfare of seamen by providing them with financial support and medical treatment throughout their recovery period. Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure instructs the jury on the following key points: 1. Explaining Maintenance: The instruction defines maintenance as a daily stipend or allowance provided to a seaman to cover essential living expenses such as food, housing, and utilities while they are unable to work due to sickness or injury. It emphasizes that maintenance is supposed to cover the reasonable cost of necessities and suggests that the jury must consider these factors when determining a fair maintenance amount. 2. Defining Cure: The jury instruction clarifies that cure refers to the medical care and treatment that an injured or sick seaman is entitled to receive at the expense of their employer. It encompasses not only immediate medical attention but also ongoing care, rehabilitation, and any other reasonable medical expenses related to the incurred injury or illness. 3. Addressing the Burden of Proof: The instruction outlines the burden of proof placed upon the injured seaman, indicating that they must establish the existence of injury or illness, its causation while in service, and the necessity of maintenance and cure benefits. It also mentions that the seaman does not need to demonstrate negligence or fault by their employer to claim maintenance and cure. 4. Determining Compensation: The instruction further explains that the determination of maintenance and cure amounts lies within the discretion of the jury. It highlights that the jury should consider various factors, such as the seaman's regular living expenses, the nature and duration of their injury or illness, the availability and costs of medical treatment, and any other relevant circumstances. Different Types of Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure: 1. Temporary Maintenance and Cure: This refers to the provision of financial support and medical treatment to a seaman during the period of their temporary disability caused by injury or illness. Once the seaman has reached maximum medical improvement (MMI), these benefits come to an end. 2. Permanent Maintenance and Cure: When a seaman sustains a disabling injury or suffers from an illness of permanent nature, they are entitled to permanent maintenance and cure benefits. This type of maintenance and cure continues until death, recovery, or until the seaman reaches MMI, with no possibility of further improvement. 3. Maintenance and Cure Denial: In some cases, an employer may attempt to deny or limit maintenance and cure benefits to a seaman. This could happen if the employer disputes the existence of an injury or argues that the injury occurred outside the seaman's service. In such instances, the jury is instructed to carefully assess the evidence provided and determine the seaman's entitlement to maintenance and cure. Overall, Oklahoma Jury Instruction — 6.6.2 Maintenance And Cure ensures that a seaman's rights to receive reasonable financial support and medical treatment are properly explained and protected during maritime law cases, safeguarding the well-being and interests of workers in the maritime industry.