This section contains the nature of the case and procedural background.

D was a crew member of the Motor Tug Thomas. After falling on the steel deck of the tugboat and injuring his arm and shoulder, D claimed that P advised him that it would not provide maintenance and cure. P filed an action for declaratory relief regarding their obligations with respect to maintenance and cure. D filed his own suit under the Jones Act and general maritime law, alleging negligence, unseaworthiness, arbitrary and willful failure to pay maintenance and cure, and wrongful termination. D filed similar counterclaims in the declaratory judgment action, seeking punitive damages for the denial of maintenance and cure. The District Court consolidated the cases. Ds moved to dismiss P's punitive damages claim. The Court denied the motion. The court agreed to certify the question for interlocutory appeal. The Court of Appeals affirmed. D could pursue his punitive damages claim for Ps' willful withholding of maintenance and cure. P appealed.

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