Aguilar v. Standard Oil Co. of N.J
In Aguilar v. Standard Oil Co. of N.J., 318 U.S. 724, 727, 63 S.Ct. 930, 87 L.Ed. 1107 (1943), the seaman was injured when traversing the only available route to the moored ship while on shore leave. 318 U.S. at 725, 63 S.Ct. 930.
The shipowner suggested that ill seamen who caught infectious diseases while on shore leave should be entitled to maintenance on account of the problems of proof that would arise in determining when the seaman contracted the disease, while no such problems would arise with injured seamen, to whom maintenance could be denied.
The Supreme Court refused to credit such a difference:
Cases of illness, which are within the reason and policy of the liability, are indistinguishable from cases of injury received without misconduct. The risk of incidence is not less in the one case than in the other. The afflicted seaman is made as helpless and dependent by injury as by illness. His resources for meeting the catastrophe and his employer's burden are not greater because he is hurt rather than ill. (318 U.S. at 735 n. 23, 63 S.Ct. 930.)