Dear Clients and Friends,

 
MERRY CHRISTMAS AND A HAPPY NEW YEAR

 
As we conclude 2024, we reflect on the past year with gratitude for your trust and partnership. The Christmas season gives us a perfect opportunity to express our heartfelt thanks for your continued support.
 
This year, may your holiday season be filled with warmth, laughter, and cherished moments with loved ones. As you enjoy the festive spirit, may you also find time to relax and reflect on the accomplishments and milestones we’ve achieved together. 
 
As always, we ask that you say a short prayer for the countless Filipino seafarers who are unable to spend their Christmas season with their families.  If you see any Filipino seafarer this Christmas season, greet them “Maligayang Pasko” from all of us here in the Philippines.
 
Looking ahead to 2025, we are excited about the opportunities and challenges that await us. We remain committed to providing you with the highest level of service and expertise, and we look forward to continuing our partnership in the coming year. May the new year bring you success, prosperity, and fulfillment in all your endeavors.
 
Thank you for being a valued client. Your trust and confidence inspire us to strive for excellence every day. 
 
Maligayang Pasko at Manigong Bagong Taon
 
With warm regards,
 
Ruben Del Rosario / Arturo Del Rosario
 
Charles Jay Dela Cruz / Joseph Rebano / Herbert Tria
 
Denise Cabanos / Florencio Aquino / Catherine Mangahas-Soliven / Pamela Coseip-Abarico / Saben Loyola / Gina Guinto-Ambil / Aldrich Del Rosario
 
Veronica Del Rosario-Aguinaldo / Josie Dino / Jay Arthur Del Rosario / Deogracias Garcia / Razelle España / Shirley Perez

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

FAILURE TO ATTEND MEDICAL APPOINTMENT IS GROUND FOR DENIAL OF BENEFITS

Seafarer injured his left shoulder and thigh against a step at the foot of the stairs after slipping.  He was assessed by a shore doctor with a fracture on his shoulder and was repatriated for further treatment.  Upon return to Manila, the company referred the seafarer to their designated physician who recommended casting of the left shoulder and PT sessions thereafter.
 
In the interim, a grade “11” assessment was issued by the company-designated physician (CDP).  During his treatment, the seafarer consulted his own doctor who assessed him to be unfit to work.  Seafarer no longer attended his PT sessions which prompted the company to write him a letter to remind him of his obligation to report to the CDP.  With the letter unheeded, the company sent another letter to the seafarer advising him of his breach of the POEA Contract and terminated all his benefits.
 
Seafarer filed a claim against the company for disability benefits and the company offered to pay him the equivalent of a grade “11” disability which was rejected. 
 
The voluntary arbitrator ruled against the seafarer and limited the award to grade “11” disability benefits.  This was sustained by the Court of Appeals and later by the Supreme Court.
 
The Supreme Cort ruled that seafarer is guilty of medical abandonment.
 
A seafarer commits medical abandonment when he fails to complete his treatment before the lapse of the 240-day period, which prevents the CDP from declaring him fit to work or assessing his disability. Medical abandonment by a seafarer carries with it serious consequences.   Under Section 20(D) of the POEA-SEC “no compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.”  As such, a sick or injured seafarer who abandons his treatment stands to forfeit his right to claim disability benefits.
 
The Court emphasized that a seafarer is duty-bound to regularly report to the CDP during his medical treatment, and to complete his treatment until declared fit to work or assessed with a permanent disability grading by the CDP.  As such, re-evaluation forms a significant part of a seafarer's medical treatment because this shall determine his actual medical condition. Here, it was clear that the 240-day period wherein the employer is to give an assessment has not yet expired when the seafarer failed to comply with the directive to report for re-evaluation.
 
The Court also brushed aside the reasoning of the seafarer that that he failed to report to the CDP due to financial incapacity.  The Court noted that while that may be a justifiable excuse, the circumstances of the case does not allow him to raise this argument.  It was clear that the company has consistently provided the seafarer with sickness allowance during the treatment period and that his reasonable expenses were to be reimbursed by the company.  
 
While a seafarer has the right to seek a second opinion from other doctors, such right may be availed of on the presumption that the CDP had already issued a definite declaration of his condition, and the seafarer finds it disagreeable. Without the CDP’s certification, seafarer cannot rely on the assessment made by his personal physician.
 
R. T. v. Barko International Inc. and/or Azalea U.T. Corp., and /or F.A., Second Dvision, Associate Justice Antonio Kho, Jr., ponente (Attys. Joseph Rebano and Pamela Coseip of DelRosarioLaw handled for vessel interests)

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

********************************************************************************************************************************************************************************************************

Areas of Specialization:  Labour & personal injury, litigation and dispute resolution, corporate and commercial, shipping and admiralty, intellectual property, cargo claims and charter party, transport, insurance and reinsurance, arbitration and ADR, immigration.