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April 2017

SHOULD YOU REPORT MAINTENANCE PAYMENTS?

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A question that we often receive is whether or not to report maintenance received from a shipowner as income, either on your tax returns or on your application for state disability. The answer is no, absolutely not! It may seem counterintuitive, or even just plain wrong not to list maintenance as a source of income. However, under the general maritime law, maintenance means room and board and arises from the shipowner's obligation to provide food and lodging to an injured seaman. It is a separate non-taxable benefit, not income. That is also the reason you will not receive a tax form from your company reflecting maintenance payments made to you.

QUESTION FROM THE BRIDGE

I have a question regarding maintenance and California State Disability Insurance, "CASDI." I was injured on a ship and I am applying for State Disability. On my application do I need to tell them that I get $16 per day in maintenance payments from the company? Bryan A, Emeryville, CA

Answer:
Dear Bryan,
Great question, and I'm glad you asked before submitting paperwork to CASDI. The short answer is NO, do not list your maintenance payments on the application. If you indicate that you receive $16 per day in maintenance, they will likely mistakenly withhold that amount from your weekly benefit amount, thinking that it is income. Under the law, it is not considered income and should not be deducted from your benefit amount. However, we frequently see them withhold the money regardless. Once they start deducting it from your payments your only recourse is to attempt to convince them of their mistake. That can be very difficult, if not impossible. Again, under the law, maintenance payments are not income and should not be reported to the good folks at the disability office.

TEMPORARY ADDRESS CHANGE

We have relocated to San Francisco while our new Oakland space undergoes renovation from fire damage. We have offices on both sides of the Bay to serve you! Look for our Oakland opening sometime in late spring. In the meantime, please contact us at

The Law Offices of Lyle C. Cavin, Jr.
535 Pacific Avenue, Suite 100
San Francisco, CA 94133

Our phone and fax remain the same
Ph: 510-444-2501 Fax: 510-444-4209
www.sealawyer.com

About Our Law Firm

For more than four decades, merchant mariners, longshoremen, fishermen and harbor workers plying their trades at sea, on the docks, on our U.S. coastal waters and inland waterways have turned to the maritime law firm of Lyle C. Cavin, Jr. & Associates in Oakland. Today, we are proud to be recognized as one of the preeminent maritime law firms serving injured marine workers nationwide, as well as one of the most successful personal injury litigation firms serving victims of negligence in the San Francisco Bay Area and throughout the West Coast

Team Approach to Every Personal Injury and Jones Act Claim

When you retain Lyle C. Cavin, Jr. & Associates for a Jones Act injury claim; or personal injury claim, you don't get just one attorney, you get our entire team of dedicated professionals. Our attorneys offer more than 150 combined years of courtroom and negotiated claims settlement experience. We will represent your interests with unwavering dedication, speed and expertise.

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Admiralty/Maritime Law Practice
  • Firm Overview Admiralty/Maritime Law
Recent Verdicts & Settlements
  • Maritime Personal Injury - Livestock tender back injury
    Result - Settled for $250,000.
  • Jones Act/Maritime Personal Injury - Back/Hip Injury.
    Result – Settled for $2,000,000.
  • Jones Act/Maritime Personal Injury - Knee injury.
    Result – Settled for $2,000,000.
  • Jones Act/Maritime Personal Injury – Respiratory injury.
    Result – Settled for $825,000.
  • Wrongful Death - Bicycle accident.
    Pedestrian hit and killed by speeding bicyclist.
    Result - Settled for $2,105,000.
  • Jones Act/Maritime Personal Injury - Seaman fell from ladder on tug boat.
    Result - Judge awarded plaintiff $832,236
  • Personal Injury - Sexual assault of a developmentally disabled minor by school bus driver.
    Result – Settled for $645,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $4,250,000
  • Fishing boat accident – Fisherman suffered traumatic head injury after being hit by a metal float.
    Result – Settled for $5,000,000
  • Jones Act/Maritime Personal Injury – Fall from ladder aboard ship.
    Result – Settled for $1,400,000
  • Jones Act/Maritime Personal Injury – Crewmember committed suicide.
    Result – Settled for $820,000
  • Jones Act/Maritime Personal Injury – Seaman injured while moving between tug boats.
    Result – Settled for $800,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $3,500,000
  • Jones Act/Maritime Personal Injury – Repetitive stress injury.
    Result – Settled for $1,525,000
  • Jones Act/Maritime Personal Injury.
    Result – Settled for $1,075,000
  • Jones Act/Maritime Personal Injury – Slip and fall on the deck of a tanker.
    Result – Settled for $2,300,000
  • Jones Act/Maritime Personal Injury – Seaman fell from top of crane cab.
    Result – Jury awarded $3,170,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $1,925,000
  • Jones Act/Maritime Personal Injury – Benzene exposure.
    Result – Settled for $670,000
  • Jones Act/Maritime Personal Injury – Catastrophic container ship accident.
    Result – Settled for $1,500,000
Newsletters
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Personal Injury Law practice
  • Firm Overview Personal Injury
Companies We've Successfully Litigated Against
  • Alaska Steamship Co.
  • American Export Lines
  • American Hawaii Cruises
  • American Hawaiian Steamship Co.
  • American Mail Lines
  • American Navigation
  • American President Lines
  • American Seafoods Co.,
  • American Ship Management, LLC
  • American Steamship Co.
  • AMNAV
  • Apex Maine Corp.
  • Atlantic Richfield Co.
  • Atlas Steam
  • BAE Systems
  • Bangor Trading Company
  • Bann Ocean Towing
  • Blue & Gold Fleet
  • Boston Ocean Carriers
  • Brinkerhoff Marine
  • Brown & Root
  • Carnival Cruise Lines
  • Celebrity Cruises, Inc.,
  • Central Gulf Lines
  • Chevron Oil Co.
  • Chevron Shipping, Chevron U.S.A.,
  • China Ocean Shipping Co. Dba COSCO
  • Commodore Cruises
  • CONOCO Phillips
  • Cove Companies Cove Shipping, Inc.
  • Crest Tankers, Inc.
  • Crowley Maritime Corporation
  • CS Marine
  • Cunard Steamship Co., Ltd.
  • Diamond M, Diamond M. Offshore, Inc.
  • Dutra Construction Co
  • Esso Shipping Co.
  • Evergreen
  • EXXON Shipping Co.
  • Farrell Lines, Inc
  • Faust
  • Fishing Company Of Alaska
  • Foss Maritime Co.
  • Golden Gate Bridge, Highway & Transportation District
  • Golden Gate Ferry
  • Grace Lines
  • Great Lakes Dredge & Dock Co ILL
  • Great Lakes Dredge & Dock Co. CA
  • Harbor Bay Ferry
  • Harbor Marine
  • Harbor Tug & Barge
  • Hellenic Lines
  • Holland America Line Holland America N.V,
  • Horizon Lines
  • Horizon Tug & Barge
  • Interocean Management
  • International Marine Carriers NY
  • Isthmian Lines, Isthmian S.S. Co.
  • Keystone Shipping Co.
  • Kloster Cruise Ltd
  • Liberty Maritime
  • Luckenbach S. S. Co.
  • Luckenbach Overseas Corp., 400 U.S. 494, 1971 AMC 277 (1971).
  • Lykes Bros. Steamship Co Lykes Bros. S.S. Co.
  • Maersk Lines
  • MARAD
  • Marine Transport Lines
  • Maritime Overseas Corporation R. G. Naggiar MOC,
  • Matson Navigation Co.
  • Moore-Mccormack Lines, Inc.,
  • Murphy Pacific Tug
  • Nicholas Bachko Co. Inc.
  • Norquest Seafoods
  • North American Trailing Co
  • Norwegian American Line
  • Norwegian Cruise Line NCL
  • Ocean Shipholdings, Inc
  • Ocean Ships, Inc.
  • Omi Bulk Management Co.
  • Oscar Neimath Towing
  • Pacific Far East Lines Inc.
  • Pacific Gulf Marine
  • Pacific Long Lines
  • Patriot Contract Services
  • PM&O Lines
  • Polar Tankers
  • Royal Cruise Line
  • Princess Cruises, Inc., Princess Cruise Lines, Ltd.
  • PRONAV
  • Prudential Lines
  • Puglia
  • Red & White
  • Red & White Fleet
  • Reynolds Metals Marine Division
  • SF Bar Pilots Ass'n
  • Sargent Marine
  • Sause Bros
  • Sea-Land Service, Inc.
  • Seariver Maritime, Inc.
  • Signature Seafoods, Inc.
  • Standard Oil Of California
  • Star Cruises
  • Star Shipping (USWC), Inc.
  • States Line
  • States Marine Corp.
  • Texaco, Inc.,
  • TOSCO
  • Tidewater, Inc.,
  • Tide Water Sand & Gravel
  • Transport Mutual Services, Inc.
  • Trinidad Corporation
  • Triple Star, Inc
  • Tudor -Saliba
  • U.S. Coast Guard
  • U.S. Dept. Of Justice, Torts Branch
  • United States Lines U.S. Lines, Inc.
  • Union Oil Co.
  • Victory Carriers
  • Vulcan Carriers
  • Waterman Steamship Corp.
  • Watters Marine Inc.
  • Westar Marine Services
  • World Explorer Cruises
  • Zim Container Line