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Bending Over on the Job Can Hurt You

By William S. Bailey

A scientific analysis of the body mechanics required in working as a longline fisherman recently led to a settlement for a back injury to a 50 year old fisherman. A contributory factor in the settlement was the uncovering of the strategic maneuvering and manipulation of plaintiff by defendant's self-insurer, leading to an unnecessary surgery prior to plaintiff's representation by counsel.

Olav Lie is a 50 year old native of Norway who came to the United States when he was 22. He had many other cousins and family in the Pacific Northwest , many of whom were involved in the fishing industry. Mr. Lie was very well-regarded within the longline fishery due to a strong work ethic and considerable skill as a fisherman. From 1984 until the date of his injury on July 15, 1996, he was employed as a deckhand on the F/V TORDENSKJOLD, which mainly engaged in longline fishing for halibut and black cod in Alaskan waters.

Through years of hard work as a fisherman, Mr. Lie had gradually developed back pain. In August of 1995, he began to have persistent back pain during the course of working aboard the boat. He managed to tough it out for the season and went to his family doctor when he returned to the Seattle area. He was prescribed anti-inflammatory medication that, when
combined with being off work, led to some improvement. However, he never totally returned to normal in the off season as far as his back was concerned.

Once the halibut season began in July, 1996, Mr. Lie returned to the F/V TORDENSKJOLD, which was heading back up to Alaska . He was optimistic that with the medication he was taking for his back, he would be able to do the work. The pain had never been so severe in the past that he couldn't perform most of his duties.

On July 15, 1996, Mr. Lie was working the roller aboard the F/V TORDENSKJOLD. For this task, the crew member must be ready with a gaff to grab the bigger halibut as they break the water. The hook on the line is not sufficient to lift the heavy fish into the boat without manual assistance. These larger fish will often pull off the hook and slip into the water, causing the boat to lose considerable profit.

As Mr. Lie worked the roller, a large halibut broke the water, requiring him to bend over the rail and pull with great force in a bent over position. During this, he felt his feet slip and something snapped in his lower back. There was excruciating pain. A fellow crew member came over to help him pull in the fish. He stayed in his bed until the boat got to Dutch Harbor and then he was flown home. He had a long course of conservative medical treatment and got no better. Dr. Leland Rogge saw plaintiff in consultation and opined that surgery would not improve the situation. Plaintiff was din great financial distress, desperate to try anything that would help him return to fishing. It was then that the director of Marine Safety Reserve, Bob Alverson, talked plaintiff into seeing Dr. John Burns, even calling to make the appointment.