English 
Hebrew 
Shipping and the Law [Download]
Seafarer not rehired files disability claim
By: Ruben Del Rosario, Managing Partner, Del Rosario & Del Rosario, March 8, 2006
Introduction: Seafarer is medically repatriated and after treatment is declared fit to work. He reapplies for employment but is not rehired. He files a disability claim alleging that the reason he was not rehired is because he is still unfit to work. In the case cited below, the Court of Appeals ruled that seafarer is not entitled to disability benefits.
Facts: Seafarer was on board for only one month when he suffered "renal failure due to multiple left renal stones". He was treated extensively by three company physicians for four months and was eventually declared fit to work on February 18, 2003.
He reapplied for employment but was not employed as he had "negative reports" from the principal.
Seafarer believed that his kidney ailment was the reason for his rejection and he sought a second medical opinion from his own doctor who declared him "unfit to work due to renal insufficiency with impediment Grade 3 (78.36%)".
The Labor Arbiter awarded US$39,180 as disability benefits which was affirmed by the NLRC.
Decision: The Court of Appeals reversed the decision ruling thus:
1. Seafarer is only entitled to benefits if he is disabled on account of his kidney illness. Having been on board for only one month, it is highly unlikely that the illness arose during his employment. Seafarer should have produced evidence to prove that his illness was contracted during the short time he was on board the vessel. In the words of the Court: "Needless to note, what is highly probable was that the kidney illness was a discovered illness, undetected at the time of employment. As such, the illness was not compensable."
2. The POEA contract recognizes the opinion of the company-designated physician to be essentially controlling. The NLRC cannot simply sweep away the opinions of three company physicians without specifically indicating how their specific findings were biased and why such opinions were self-serving. Two of the doctors were specialists in urology who personally attended to, examined and treated seafarer in a professional capacity. In contrast, the seafarer's doctor did not have the same extensive opportunity and time to examine seafarer on his ailment. Further, said seafarer's doctor was not a specialist but was a cardiologist.
3. There is no evidence to show that seafarer was not rehired due to his "bad physical condition". Seafarer's own position paper states that the reason given by the Port Captain for his non-admittance was due to "negative reports from the principal".
4. The award of Grade 7 has no factual and legal basis. Grade 7 is for "loss of one kidney". Seafarer never lost his kidney. He was paid sickness wages and his total medical expenses was shouldered by his principal. Seafarer was fully paid the benefits he was lawfully entitled to.
Trans-Global Maritime Agency Inc., et. al. vs. NLRC, et. al., CA-G.R. SP NO. 91393, February 10, 2006
_______________________________
Ruben T. Del Rosario is managing partner of Del Rosario & Del Rosario. He is former president of the Maritime Law Association of the Philippines and is currently president of the Philippine Maritime Voluntary Arbitrators Association. Del Rosario is correspondent of several P & I Clubs.
For complete copy of the decision or for further information, please call 63 2 810 1791 or fax 63 2 817 1740 or email This email address is being protected from spambots. You need JavaScript enabled to view it.
This article is sent from time to time to clients and friends. To unsubscribe, reply to this email and put "unsubscribe" in the subject.
This publication is only intended to summarize general points of interest in the material discussed herein. It is not intended to be exhaustive, accurate or to be legal advice with respect to the matters discussed.
___________________________________________
Del Rosario & Del Rosario
Del Rosario Pandiphil Inc.
Tel. 63 2 810 1791 Fax 63 2 817 1740
24/7 mobile 63 917 830 8384
www.delrosariolaw.com
www.delrosario-pandiphil.com
Contact Details
mail@delrosariolaw.com
mail@delrosario-pandiphil.com
Telephone: +63 2 5317 7888, +63 2 8810 1791 Fax: 63 2 5317 7890 24/7
Mobile: 63 917 830 8384
mail@delrosario-pandiphil.com
Telephone: +63 2 5317 7888, +63 2 8810 1791 Fax: 63 2 5317 7890 24/7
Mobile: 63 917 830 8384