Sometiimes I am unclear about what true justice is. Injustice, however, is different. Like the supreme court once said about another disagreeable subject, we may not be able to define it but we generally know it when we see itl I think I might smell some injustice herel
We hear lots of stories from the people we meet on the street. Every now and then we encounter someone who has a compelling story that we find impossible to ignore. Such a story came our way this past week. It reeks of the jurisdictional miasma one would expect when a situation involves a workplace accident, an insurance company, an American Seafarer, and a German ship flying a Maltese flag, working in Dutch waters. The American seafarer is named Garrett Jester and he now resides (more or less) on the street, in a car.
He joined the army in 1987, and is an airborne graduate who spent two years in Europe and finished his enlistment in the National Guard. This allowed him to qualify for certain Veterans Administration benefits which is actually another story.
After his discharge he acquired the skills to operate Remotely Operated Vehicles (ROV’s). These vehicles perform work installing or salvaging underwater projects. I have seen a document on company letterhead that proclaimed he did that work at an excellent level and read comments from his client that corroborate his level of competence.
We hear lots of stories from the people we meet on the street. Every now and then we encounter someone who has a compelling story that we find impossible to ignore. Such a story came our way this past week. It reeks of the jurisdictional miasma one would expect when a situation involves a workplace accident, an insurance company, an American Seafarer, and a German ship flying a Maltese flag, working in Dutch waters. The American seafarer is named Garrett Jester and he now resides (more or less) on the street, in a car.
He joined the army in 1987, and is an airborne graduate who spent two years in Europe and finished his enlistment in the National Guard. This allowed him to qualify for certain Veterans Administration benefits which is actually another story.
After his discharge he acquired the skills to operate Remotely Operated Vehicles (ROV’s). These vehicles perform work installing or salvaging underwater projects. I have seen a document on company letterhead that proclaimed he did that work at an excellent level and read comments from his client that corroborate his level of competence.
He took work with a German firm in 2015 and according to documents I have viewed became sick in 2016. This position was as an independent contractor. However, the courts interpretation was that he was in actuality in a employee/employer relationship. Garrett relates that the Dutch court couldn’t seem to make up its mind and went back and forth during his proceedings. The job being performed was a key position and seems to lack the freedom I am accustomed to see in an independent contractor.
Garrett states that while on board in Dutch waters the ship developed problems with the sewage system and the ships air conditioning system. Sewage backup apparently resulted in his becoming violently ill. I have viewed documents from the Harris County court system, a statement from the ships client representative and his coworkers that support Garrett’s statement. This rendered him unable to work, yet pressures of the job triumphed, and work he did. I have viewed a document that disqualified him from any type duty. I have seen pictures of him, in his bunk, with an iv running.
It was during this illness that the subject had a coughing attack while on a ladder (shipboard stairs) and fell fracturing his foot in at least two places. He continued to work anyway.
He had to return to the United States for emergency family matters. Disputes arose regarding pay for hours worked and I believe the contracted relationship was officially severed while he was here. He was unable to work, with mounting medical problems, and reduced funds. This is where the downward spiral that culminated in living in the street began to take shape.
I guess my disbelief must have shown through at this point as he felt he needed to prove his case and his proof was on an Apple computer. It was thorough, and as difficult to process as drinking from a fire hose. Garrett took his former employer to court for medical costs, pain and suffering in Harris County, TX. It made the rounds it appears. Next in our federal court and then at the urging of the insurance company, it made it to a Dutch court. Then an appeal to the Dutch court.
Now I am no expert on Dutch law. In fact, I don’t know anything about it. I do know about fair play, however, and I know when I see someone getting shafted. This man is suffering from a workplace injury and still limping along with a cane, wearing a boot and living out of a car 5 years later. He was denied the opportunity to testify under oath or present certain witness testimony in Dutch court. I heard a recording of this and to me this has certainly diminished the standing of the court.
I am also not a medical expert, however, he tells me that he has become unemployable as his broken foot had developed into an auto-immune case.
What can we do by presenting this story here. Well, you read it. If you happen to be a congressman or an attorney you might just be the ears he was trying to reach. You can find him here: [email protected].
Garrett states that while on board in Dutch waters the ship developed problems with the sewage system and the ships air conditioning system. Sewage backup apparently resulted in his becoming violently ill. I have viewed documents from the Harris County court system, a statement from the ships client representative and his coworkers that support Garrett’s statement. This rendered him unable to work, yet pressures of the job triumphed, and work he did. I have viewed a document that disqualified him from any type duty. I have seen pictures of him, in his bunk, with an iv running.
It was during this illness that the subject had a coughing attack while on a ladder (shipboard stairs) and fell fracturing his foot in at least two places. He continued to work anyway.
He had to return to the United States for emergency family matters. Disputes arose regarding pay for hours worked and I believe the contracted relationship was officially severed while he was here. He was unable to work, with mounting medical problems, and reduced funds. This is where the downward spiral that culminated in living in the street began to take shape.
I guess my disbelief must have shown through at this point as he felt he needed to prove his case and his proof was on an Apple computer. It was thorough, and as difficult to process as drinking from a fire hose. Garrett took his former employer to court for medical costs, pain and suffering in Harris County, TX. It made the rounds it appears. Next in our federal court and then at the urging of the insurance company, it made it to a Dutch court. Then an appeal to the Dutch court.
Now I am no expert on Dutch law. In fact, I don’t know anything about it. I do know about fair play, however, and I know when I see someone getting shafted. This man is suffering from a workplace injury and still limping along with a cane, wearing a boot and living out of a car 5 years later. He was denied the opportunity to testify under oath or present certain witness testimony in Dutch court. I heard a recording of this and to me this has certainly diminished the standing of the court.
I am also not a medical expert, however, he tells me that he has become unemployable as his broken foot had developed into an auto-immune case.
What can we do by presenting this story here. Well, you read it. If you happen to be a congressman or an attorney you might just be the ears he was trying to reach. You can find him here: [email protected].
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