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2022 Bar examination query on seafarer’s incapacity advantages claims

Can a seafarer be entitled to compensation for incapacity advantages if he completed his employment contract?

This is among the questions included within the 2022 Bar Examinations for Labor Legislation and Social Legislations.

Marino, a seafarer, was engaged as an oiler on board Searena Corp.’s oil tanker vessel. After 10 consecutive contracts, with every contract having a period of eight months and the final one ending in December 2021, Marino determined it was time to take pleasure in his hard-earned cash, and disembarked from the vessel upon the expiration of his employment contract.

In April 2022, he felt excruciating ache in his groin. He went to a health care provider and was identified with an acute hernia. The physician additionally decided that the hernia was brought on by repeated heavy lifting due to his work as an oiler.

Marino then filed a case in opposition to Searena Corp. earlier than the Labor Arbiter, claiming complete and everlasting incapacity below the POEA contract.

Searena Corp. raised in its place paper that Marino was barred from submitting the case as he didn’t elevate any complaints through the time period of his employment, and inside three days from his arrival within the nation after his final employment.

Entitlement of seafarers to incapacity advantages is a matter ruled, not solely by medical findings however by regulation and by contract.

The declare for incapacity advantages are coterminous with the existence of the contract seafarers signal each time they’re rehired and is terminated when the contract expires.

The contract begins from the time when the seafarer truly departs from the Philippines, both airport or seaport, for employment. It shall stop when he completes his interval of contractual service aboard the ship, signs-off from the ship and arrives on the level of rent.

As a basic rule, the seafarer’s situation or signs should be documented whereas he’s on board the vessel since one of many necessities for an sickness to be compensable is that the seafarer suffered mentioned sickness through the effectiveness of the POEA contract.

In any other case, his declare for advantages may be denied as a consequence of failure to show that mentioned sickness occurred whereas his contract was nonetheless in drive.

Nonetheless, the Supreme Court docket dominated in Ventis Maritime Corp. v. Salenga (GR. No. 238578, June 8, 2020) that the seafarer should declare incapacity advantages even when his diseases manifested or had been found after the time period of the contract.

The Court docket famous that In situations the place the sickness manifests itself or is found after the time period of the seafarer’s contract, the sickness could both be (I) an occupational sickness listed below Part 32-A of the POEA contract, through which case, it’s categorized as a work-related sickness if it complies with the circumstances said in Part 32-A, or (2) an sickness not listed as an occupational sickness below Part 32-A however in all fairness linked to the work of the seafarer.

A seafarer who was repatriated for finish of contract and had no medical situation throughout his employment however later suffers from an sickness which manifested solely after the top of his employment can nonetheless be entitled to incapacity advantages offered, he can show that the sickness suffered in all fairness linked to the work carried out on board.

Alternatively, failure to adjust to the necessary three working-day reporting requirement will trigger the denial of claims with some exceptions ie, when the seafarer is bodily incapacitated from complying with the requirement (Wallem, Inc. vs Inductive, 376 Phil. 738) or as a consequence of inadvertence/deliberate refusal of the employer to refer the seafarer to a company-designated doctor (Interorient Maritime Enterprises, Inc. vs. Leonora S. Remo, 622 SCRA 237).

This requirement, whether or not to bear a post-employment medical examination or report the seafarer’s bodily incapacity, should be strictly noticed in order that the company-designated doctor to establish whether or not the sickness or harm was contracted through the time period of the seafarer’s employment or that his working circumstances elevated the danger of contracting the ailment. (Dela Cruz vs. PTC, 758 Phil. 382,394-395)

Similar to the 2020-2021 Bar Exams, which isn’t depending on penmanship, this 12 months’s exams had been accomplished digitally the place 9,183 out of the ten,006 complete examinees had been capable of full the examinations held on two Wednesdays ( Nov. 9 and 16) and two Sundays (Nov. 13 and 20).

Headed by Affiliate Justice Alfredo Benjamin Caguioa, the simultaneous digital and regionalized bar exams had been administered at fourteen (14) native testing facilities nationwide with 8 in Luzon, 3 in Visayas. 3 in Mindanao.

A complete of 8,241 exams out of the 11,402 takers handed the 2020/2021 bar exams with a passing charge of 72.28 p.c with my UP Legislation professor SC Affiliate Justice Marvic Leonen as chairman.

(Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan regulation places of work. For feedback, e-mail [email protected]or name 0917-5025808 or 0908-8665786.)

/dbs

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