Maintenance and cure can be DENIED if a crew-member misrepresents his physical condition on a pre-employment examination or questionnaire and subsequently becomes not fit for duty because of an injury or illness to the part of the body with regard to which there was a non-disclosed pre-existing history. It happens so many times that a seaman, for instance, fails to disclose a prior back injury, and suffers another back injury at work. The employer can literally walk away from having to provide any medical or cure expenses for the treatment of the injury incurred in the service of the ship to the affected body part, even with the involvement of maritime lawyers because of the non-disclosure, or what they call MISREPRESENTATION.
Nine times out of 10, when a prior abnormal physical condition is disclosed, a seaman is going to pass the pre-employment medical exam anyway. Rarely is there any harm to making full disclosure. But, so frequently it occurs, that when less than full and complete answers are given with regard to prior conditions, that the seaman is hung out to dry after a subsequent injury. The motto of the story, plain and simple, is to be up front in your pre-employment examinations, disclose prior injuries or physical conditions that are inquired of in order that you can get out and in front of your claim. In the long run, you will be better off for it.
