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Originally published Thursday, November 19, 2009 at 12:17 AM

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Seafood firm must pay $1.5 million to injured fisherman

A fisherman who was injured aboard a Seattle-owned fish-processing vessel in 2006 has been awarded $1.5 million by a King County jury that found the company "callously" refused to pay for the man's medical care.

Seattle Times staff reporter

A fisherman who was injured aboard a Seattle-owned fish-processing vessel in 2006 has been awarded $1.5 million by a King County jury that found the company "callously" refused to pay for the man's medical care.

The award to Dana Clausen, 55, included $1.3 million in punitive damages, according to his attorney, James Jacobsen.

Jacobsen said the verdict is a warning to fishing companies that deny medical care to injured workers. "It says, 'Don't do it because King County jurors will punish you,' " Jacobsen said.

According to Jacobsen, Clausen, of Louisiana, suffered back and neck injuries when he tried to lift a 122-pound piece of sheet metal while working aboard Icicle Seafoods vessel Bering Sea.

According to Jacobsen, Icicle hired two doctors to review Clausen's file.

One of the physicians reported that Clausen did not require further care, according to Jacobsen.

But the other doctor found that Clausen's claims were valid and reported that Clausen might require surgery in the future, Jacobsen said.

The report that was favorable to Clausen was hidden from him, according to Jacobsen, and was among the reasons jurors returned a verdict Monday with punitive damages against Icicle.

He said jurors found that Icicle Seafoods' failure to pay Clausen's full medical care was "willful and callous."

The jury found that Clausen was partially responsible for his own injuries, as Icicle had argued.

However, that did not excuse the company from paying for medical treatment, Jacobsen said.

Icicle Seafoods did not return calls seeking comment on Wednesday.

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The case should remind the maritime community that an employer has a good-faith duty to pay for medical care, said Jacobsen.

"This verdict will make a huge difference in the lives of the thousands of people who go out to sea from Seattle," said Jacobsen.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com

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