Philippine Shipping Updates – Manning Industry [Download]

Findings of 3rd physician upheld

By:  Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., July 13, 2004

Seafarer was repatriated due to injury to his right ankle and left knee due to a fall. The company physician treated him and declared him fit to work. Seafarer disagreed and he claimed for full disability benefits as he was no longer fit to work as a seafarer. His own doctor recommended MRI of his knee.

The Labor Arbiter ruled that due to conflicting findings of the doctors, the seafarer should be examined by a doctor of the Employee’s Compensation Commission (ECC). The seafarer was examined by the ECC doctor and the injury was assessed at Grade 13 or US$3,360.

On appeal, the NLRC Commission ruled that the findings of the third (ECC) doctor shall be final and binding on both parties (Section 20(B)1.3, POEA Standard Contract). Further, the seafarer is not entitled to full disability benefits as his illness was not assessed at more than 50% of the POEA Schedule of Disability which was a requirement under the CBA to make him unfit for further sea service.

Genilo, T.F. Comm., Depena, Jr. vs. Pobar Marine Services, et. al., NLRC NCR CA NO. 034954-03, (NLRC-NCR-OFW CASE NO. (M) 02-03-0656-00)
Seafarer's complaint of illness six months after disembarkation dismissed
Seafarer disembarked on 2 February 2001. On 24 July 2001 or more than six months after being repatriated, he filed a complaint for “exudative retinal detachment.” He alleged that he felt blurring of vision while still on board the vessel but thinking that he just needed eyeglasses, he did not report his illness. He now claims disability and sickness benefits.

The NLRC ruled that the complaint should be dismissed. Seafarer never filed a demand or formal communication regarding his ailment or condition until more than six months from disembarkation. If indeed, he was ill, he should have communicated to the manning agent within three days from disembarkation. His illness must therefore have been contracted elsewhere and not necessarily on board the vessel.

Genilo, T.F. Comm.; Cazenas vs. Magsaysay Maritime Corporation, et. al, NLRC NCR CA NO. 037416-03; NLRC OFW 02-07-1885-00, April 30, 2004
Corporate officers and directors held jointly and severally liable with manning agent and principal
Seafarer was awarded unpaid salaries. On the issue of whether the President of the manning agency is likewise liable, the NLRC ruled that Section 10 of Republic Act No. 8042 known as the Migrant Workers Act, the corporate officers and directors and partners as the case may be, shall themselves be jointly and severally liable with the corporation or partnership for claims and damages. Since the president is a corporate officer, he is jointly and severally liable with the manning agency.

(Sec. 10 of RA 8042 states in part: …The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.)

Javier, L.C., Pres. Comm.; Efondo vs. Seabird Ship Management et. al., NLRC NCR CA No. 037717-03; (NLRC NCR-(M) 03-04-1022-00), 30 April 2004





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