In October 2007, plaintiff Shawn Kirkland, a dredge mate and Jones Act seaman for Manson Construction Co./Dutra Dredging Co., a joint venture, reported to his supervisor that he had a left shoulder problem after working for the company for 13 months. As a result, Kirkland was sent to a hospital and told to take the weekend off. He then followed-up with an occupational specialist, who diagnosed him with a shoulder impingement and returned him to full duty without any restrictions. Kirkland was subsequently assigned to light duty work as a boat operator. However, after five months, Kirkland developed a problem with his right shoulder and could no longer work. Kirkland sued Manson Construction Co./Dutra Dredging Co., alleging violations of the Jones Act. At trial, Kirkland claimed that the joint venture was negligent in assigning him work that was above and beyond his physical capacity and medical restrictions. Manson Construction Co./Dutra Dredging Co. claimed that it acted reasonably in returning Kirkland to work. It also claimed that it took care to accommodate Kirkland with proper, post-injury work assignments and that it assigned Kirkland to light duty work as a boat operator. However, defense counsel argued that Kirkland concealed several pre-existing health problems in a pre-employment health questionnaire and failed to comply with the occupational specialist’s physical therapy regimen., The parties agreed that Kirkland was born with a Type II acromion, and that he’d had cumulative and largely asymptomatic bilateral shoulder impingement syndrome long before he went to work for the joint venture. However, Kirkland claimed that the day-to-day tasks he performed as a boat operator, after the joint venture’s occupational specialist sent him back to full duty without restriction, permanently aggravated his underlying impingement syndrome and put an end to his career. Kirkland noted that he ultimately required three shoulder surgeries and was declared permanently unfit for dredging work. Kirkland’s medical and surgical expenses of $55,000 were all paid by the joint venture in accordance with its obligations under maritime law to provide “maintenance and cure.” Manson Construction Co./Dutra Dredging Co. also provided Kirkland with approximately $150,000 in pre-trial disability and wage advances. However, Kirkland, who was 44 years old at the time of his permanently disabling bilateral shoulder surgery, sought recovery of an additional $1.2 million in total damages for his past and future wage loss.