Philippine Shipping Updates – Manning Industry [Download]

Cause of death must be the same as cause of repatriation in order for death to be compensable

By:  Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., September 8, 2005

At issue is whether death benefits are to be paid to a seafarer. Seafarer fell ill on board the vessel and was disembarked and treated for pneumonia at the disembarkation port. He was repatriated to Manila where his pneumonia was treated by the company doctor for two weeks. He was then declared fit to work. Some three months later he died. Per death certificate, his immediate causes of death were anoxia, astmaticus and hypertension.

The Labor Arbiter and the NLRC rejected payment of death benefits. The NLRC ruled that the cause of death of “asthma” and “hypertension” are totally different from pneumonia, the disease for which seafarer was repatriated. It is apparent from the records that the seafarer suffered his asthma and hypertension three months after he was treated for pneumonia and declared fit to work by his attending doctor. Further, it cannot be said that allergens were present in seafarer’s working conditions as there was no sensitivity test or provocative test conducted much less any showing that he tested positive therefore. Patently, seafarer’s “causes of death which are anoxia, status astmaticus and hypertension, are neither related to his work or to his previously treated illness of pneumonia, hence, his resulting death is not compensable.

Spouses Acoba vs. Philippine Transworld Shipping Corp. et. al., NLRC CA NO. 036225-03, NLRC NCR 02-05-1278-00, May 31, 2005

Attys. Hansel Tillmann and Herbert Tria of Del Rosario & Del Rosario handled for vessel interests.

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