SUPREME COURT DENIES CLAIM BASED ON CONDITION REPORTED AFTER BEING DECLARED FIT CAUSE OF REPATRIATION

Seafarer was engaged on-board the ship when he suddenly developed recurring cough and fever. He was medically repatriated and treated by the company-designated physician (CDP) for "Acute Bronchitis, Diabetes Mellitus Type 2, and rule[d] out Pulmonary Tuberculosis."  Eventually, the CDP declared the seafarer fit to work after a series of medical examinations.  The seafarer acknowledged his fitness and signed a Certificate of Fitness to Work (fitness certificate) wherein he released the company from all claims and liabilities that may arise in connection with his illness from the date he was pronounced fit for duty.
 
Seafarer then requested for continuous treatment and sickness allowance in view of the injury he allegedly sustained while he was fixing the exhaust system generator of the vessel.  When his request was denied, he consulted his own doctor who diagnosed him unfit due to pneumonia and "tenderness over the spinal process and paraspinal muscle of the lumbar spine, difficulty of going up and down the stairs, cannot lift heavy objects nor can he walk for a long time, deep tendon reflexes are normoactive, straight leg test is negative on both extremities, and well leg raising is likewise negative."
 
The voluntary arbitrators and the Court of Appeals both dismissed the claim.  On further appeal, the Supreme Court affirmed the denial of the claim.
 
The Court held that for an injury or illness to be compensable, the following requisites must co-exist: (1) the seafarer must have submitted to a mandatory post-employment medical examination by a company-designated physician within three (3) working days from repatriation; (2) the injury or illness must be work-related; and (3) the work-related injury or illness must have existed during the term of the seafarer's employment contract.
 
While the seafarer timely underwent the mandatory post-employment medical examination by the CDP, he merely complained of "persistent cough, body malaise, and lack of appetite," for which he was diagnosed with Acute Bronchitis.  After the CDP treated and declared seafarer to be already fit for sea duties, and after seafarer signed his fitness certificate, the latter suddenly claimed for disability benefits on a different basis: for the back injury he allegedly sustained when he fell while fixing the vessel's exhaust system.   To be sure, seafarer never complained of any lumbar injury or back pain during the entire duration of his treatment for pulmonary disease with the CDP. If there was any other condition which seafarer complained of aside from his coughing, body malaise, and lack of appetite, it was merely his voice hoarseness.
 
The post-employment medical examination (POME) by a company-designated physician within three (3) days from repatriation is required to determine the physical and medical condition of a seafarer.  It is mandatory to avert claims for disability benefits that are not work-related or those which arose after the employment.   In this case, seafarer only informed the company of his alleged lumbar injury after: (1) more than a month from his repatriation; (2) the company doctors already declared him to be fit for sea duties; and (3) after he already signed his fitness certificate, wherein he released respondents from all claims and liabilities that may arise in connection with his pulmonary illness. T In fact, it was only after almost 2 years from repatriation did seafarer consult his own doctor to secure the latter's medical assessment that he is unfit to work due to his alleged accident on board the vessel.
 
Inasmuch as seafarer did not bring to the attention of the CDPs during his post-employment medical examination his alleged back pains, he prevented the CDPs from assessing whether his alleged lumbar injury was indeed work-related. Thus, relative to his alleged back pains, seafarer is deemed not to have undergone the required POME. Failing in such requirement, seafarer is prevented to claim benefits for such injury.
 
R.S., vs. Skanfil Maritime Services, Inc., G.R. No. 255728. July 10, 2023; Third Division, extended resolution (Attys Jamella Joya and Charles Dela Cruz of DelRosarioLaw handled for vessel interests)

DMW BARS FILIPINO SEAFARERS TO BOARD PASSENGER/CRUISE SHIPS TRAVESING THE RED SEA AND GULF OF ADEN

In order to ensure the protection of Filipino crewmembers, the Department of Migrant Workers (DMW) issued Department Order No. 02, Series of 2024 prohibiting the deployment of Filipino seafarers on passenger and cruise ships traveling through the Red Sea and the Gulf of Aden as threats to shipping in the region worsens.
 
DMW issued the order after the inclusion of the Red Sea and the Gulf of Aden on the International Transport Workers' Federation (ITF) and International Bargaining Forum (IBF) list of "high-risk areas" and "war-like zones."
 
The Department Order mandates manning agencies to sign an "affirmation letter" guaranteeing the vessels their seafarers board will not navigate the Red Sea or the Gulf of Aden.  This commitment, along with an itinerary of the vessel, must be submitted to the DMW during the documentation of crew deployment contracts or before their deployment. Filipino seafarers listed as crew members onboard the ships must also sign the affirmation letter acknowledging their vessel will not enter the Red Sea or Gulf of Aden.
 
The affirmation letter executed by manning agencies with the seafarers' consent must be uploaded to the DMW's Online Processing System for Sea-based (DOPS-Sea) together with the processed Standard Employment Contract (SEC).

FIRM NEWS

DEL ROSARIO VISITS THE UNITED KINGDOM AND NORWAY

DelRosario’s Joseph Rebano attended the TT Club Network Global Partners meeting in London. 
 
DelRosario’s Joseph Rebano and Veronica Del Rosario visited P&I Clubs and Clients in London and Newcastle. Thank you to UK Club, Tokio Marine, NorthStandard, Gard, West of England, Skuld, Britannia, Steamship Mutual, American Club, Shipowners Club, and Japan P&I for having us.
 
DelRosario’s Gina Guinto and Ruben Jose Del Rosario Jr. visited Norway. Thank you to Gard and Skuld for having us.

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