The court ruled that Tina Conder of Clarksville, Ind., doesn't qualify as a maritime employee because the vessel she worked on was used primarily for gambling and not navigation, The Courier-Journal newspaper in Louisville, Ky., reported Wednesday.
Conder sued the owners of the former Caesars Indiana gambling boat for unspecified damages to compensate her for medical expenses, legal fees and pain and suffering that resulted from a disabling blood disorder caused by the flea bites.
Her lawyers argued the casino had been negligent in failing to maintain a seaworthy vessel as required by the Jones Act, the newspaper said.
In its ruling Tuesday, the appeals court left open the possibility that Conder could receive regular workman's compensation instead of the higher maritime benefits.
Her lawyers told The Courier-Journal they will appeal the case to the Indiana Supreme Court.