Philippine Shipping Updates – Manning Industry [Download]

Kidney disease ruled work-related

By:  Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., April  26, 2004

Seafarer was employed under the old POEA contract. He was medically repatriated. On arrival, he submitted to manning agent his medical pass and Requisition for Medical Treatment which stated that that he was unfit to work and needed hospital treatment immediately. However, seafarer was told to just rest and was not referred to the company physician. Seafarer had himself treated and was diagnosed to have multiple peripheral neuropathy with various possible causes. He was certified by his personal physician as unfit to work and suffering from disability. He filed a claim for disability benefits. Vessel argued that the illness is neither work-related nor work-connected.

The NLRC ruled that the illness is work-related and thus compensable.

1. The manning agent should not be allowed to benefit for not referring seafarer to the company physician. He was repatriated prior to the end of his contract and with medical certificates requiring treatment. This should have alarmed agents to immediately take proper actions which include subjecting seafarer to a thorough medical check-up.

2. The illness is work-related and work-caused. His work as second engineer exposed him to work with the main engine, auxiliaries and engine watch which exceeded his regular working hours. In September 2001, he worked for one week repairing the exhaust manifold which caused him to collapsed, hit the ground and injured his lower ribs and lumbar area. He complained of pain but the master refused him treatment. He suffered great pain until he was treated at the Bahrain International Hospital where he was diagnosed to have lumbar strain and needed treatment for diabetes.

NLRC NCR OFW CASE (M) 02-10-2580-00; NLRC NCR CA NO. 036004-03, January 30, 2004
Blood test should be able to determine presence of kidney disease
Chief Cook, who was employed under the old POEA contract, was repatriated due to kidney disease. He eventually died. A claim for death benefits was filed.

Seafarer argued that the chronic renal failure occurred during employment and is work-connected. Further, the illness was aggravated and fully manifested during his last employment contract. He was medically repatriated after suffering from the symptoms of chronic renal failure such as severe anemia. His death is compensable because the cause of death is traceable to the illness suffered during his employment.

Vessel argued that the death is not compensable as it is not work-related; that the pre-employment medical examination is mere exploratory in nature and could not have detected the illness and that seafarer did not die during the period of employment.

The NLRC ruled that the death is compensable. There is reasonable basis to rule that the illness was acquired during the term of employment. If such is the case, it does not matter whether death occurred after employment.

Seafarer’s pre-medical examination showed him fit to work. He was repatriated due to illness which caused his death. Thus, the illness occurred during employment and therefore compensable. The manning agents could have easily determined whether he has suffering from kidney disease by doing a proper blood test. As stated by the NLRC: “We find that chronic renal failure can be diagnosed by blood test. Blood test is one of the series of examinations conducted on the late seafarer. It is clear from the result of the blood test that seaman’s blood count is normal. If he has been suffering from chronic renal failure, the result would have shown build up of urea and creatine in his blood, increase phosphate level and anemia.”

NLRC NCR CA NO. 037005-03; NLRC NCR OFW CASE 02-05-1379-00, January 30, 2004


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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 e-mail address is being protected from spambots. You need JavaScript enabled to view it.; www.delrosario-pandiphil.com