Philippine Shipping Update [download]

By:  Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., August 12, 2009

Colon cancer held not compensable
Oiler was on board for five days when he felt pain in his rectum. He was repatriated and was diagnosed with colon cancer.

Oiler alleged that his exposure to foul chemical elements and his diet which was high in animal protein fats, refined carbohydrates and low fiber caused his colon cancer. He said this exposure and diet was true not only on this particular vessel but also on all the other vessels he has served.

The Court of Appeals ruled that oiler’s illness was not work-related and that there was no direct correlation between his work and his illness. The court ruled that the cause of colon cancer is not known but there are certain factors which appear to increase the risk of developing it. These are: 1) history of adenomatus polyps, 2) adenomas, 3) age, 4) inflammatory bowel disease (IBD), 5) personal history of cancer, 6) family history of cancer, 7) physical inactivity and obesity, 8) smoking, 9) non-steroidal anti-inflammatory drugs (NSAIDs) and 10) diet and supplements. There was no showing that any of the risk factors was inherent in the nature of oiler’s work or was present in his working environment.

The court further said that it is improbable that oiler contracted the disease during his short stint on the vessel because the said type of cancer takes months or years to develop and that there was no sufficient evidence to prove that oiler’s illness was acquired during his employment. Moreover, the court also gave emphasis on the medical assessment of the company-designated physician rather than the private doctor. The court ruled that “it is the company-designated physician who is entrusted with the task of assessing the seaman’s disability.” The medical findings of the company-designated physician must be given much weight. Moreover, oiler did not present any evidence to negate the findings of the company-designated physician. No contrary opinion from another doctor was offered. The court said that the company-designated physician was the one who attended and monitored the disease of petitioner and the said physician possessed the knowledge and expertise on the matter.

Bobby Fernandez substituted by Norma Fernandez and minors Bryant Fernandez vs. NLRC, Anglo-Eastern Crew Management Phils., Inc., et al.; CA-GR-SP No. 106863; July 22, 2009; Eight Division; Associate Justice Josefina Guevara-Salonga, ponente. (Attys. Pedrito Faytaren and Charles de la Cruz of Del Rosario & Del Rosario acted as counsel for vessel interests)

Supreme Court rules coronary artery disease is work-related and thus compensable

A tugboat master was employed by the same shipping company for fifteen years under several employment contracts. He was repatriated due to coronary artery disease and had to undergo a bypass operation. At issue was whether his illness was work-related.

The Supreme Court held that seafarer’s illness was work-related. Seafarer’s work as tugboat master required a high level of skill and knowledge and was so gruelling that he was given one month of paid vacation for every three months of straight service. The arduous nature of his job caused his disease or at least aggravated any pre-existing condition he might have had. The Court further held that vessel interests failed to refute the connection between seafarer’s work and his illness.

Carlos Nisda vs. Sea Serve Maritime Agency and Khalifa Algosaibi Diving and Marine Services.; G.R. S.P. No. 179177; Third Division; July 23, 2009, Supreme Court Associate Justice Minita Chico-Nazario, Ponente.

Miscellaneous Notes

The following advisories of the Maritime Industry Authority are available from MARINA, FAME or from Del Rosario Pandiphil Inc.:

1. MARINA Advisory No. 2009-15 – Submission of Notice to MARINA whenever a ship intends to pass through the Coast of Somalia or Gulf of Aden or Horn of Africa or Areas of Enhanced Risk
2. MARINA Circular No. 2009-11 – Revised Schedule of Administrative Fines and Penalties for Maritime Violations/Offenses
3. MARINA Advisory No. 2009-11 – Practical Measures to Survive as a Hostage in a Piracy Attack
4. MARINA Advisory No. 2009-12 – Best Management Practices to Deter Piracy in the Gulf of Aden and Off the Coast of Somalia
5. MARINA Advisory No. 2009-08 – Implementation of IMO Unique company and Registered Owners Identification Number Scheme
6. MARINA Advisory No. 2009-07 – Measures to Prevent and Suppress the Acts of Piracy and Armed Robbery Against Ships Off Coast of Somalia
7. MARINA Advisory No. 2008-20 – RP Preparation for Compliance with Long Range Identification Tracking of Ships
8. MARINA Advisory No. 2008-13 – Adoption of the Long Range Identification Tracking System


________________________________________
This publication aims to provide commentary on issues affecting the manning industry, analysis of recent cases and updates on legislation. It is meant to be brief and is not intended to be legal advice. For further information, please email This email address is being protected from spambots. You need JavaScript enabled to view it. . This publication is sent from time to time to clients and friends. To unsubscribe, reply to this email and put "unsubscribe" in the subject.

________________________________________
Del Rosario Pandiphil Inc. / Del Rosario & Del Rosario Office Address: 15th Floor, Pacific Star Building, Makati Avenue, 1200 Makati City, Philippines Telephone: 63 2 810 1791 * Fax: 63 2 817 1740/ 63 2 810 3632 24/7 Emergency Mobile: (63) (917) 830-8384; This email address is being protected from spambots. You need JavaScript enabled to view it.; www.delrosario-pandiphil.com