Monday, February 4, 2019, 2:32 p.m. By Atty. Dennis R. Gorecho The legal battle for death compensation of the deceased seafarer, in some instances, becomes a “telenovela” case due to confusion as to the rightful recipients of the death benefits. Under an employment contract duly approved by the Philippine Overseas Employment Administration (POEA), in the…
Monday, November 5, 2018, 8:45 p.m. By Atty. Dennis R. Gorecho Heirs of a deceased seafarer cannot be denied of death benefits even if he dies after his medical repatriation as long as its cause (the work-related injury or illness) had occurred during the term of his employment. Under the POEA approved employment contract,…
Tuesday, October 9, 2018, 9:08 a.m. By Atty. Dennis R. Gorecho Flowers are the expression of the fragrance and beauty of love given and received. Wreathe thrown into the sea carry to all the deceased seafarers the message of love and gratitude. There is no distance of time or oceans but a mutual waiting for an…
Monday, September 10, 2018, 1:45 a.m. By Atty. Dennis R. Gorecho The POEA Contract does not require a specific period within the parties in a case involving a seafarer’s disability claims may seek the opinion of a third doctor. They may do so even during the mandatory conference before the labor tribunals. This was the…
Tuesday, August 7, 2018, 12:03 a.m. By Atty. Dennis R. Gorecho Seafarers are considered contractual employees. Their employment is governed by the Standard Employment Contract (SEC) they sign and duly approved by the Philippine Overseas Employment Administration (POEA) every time they are rehired and their employment is terminated when the contract expires. Their employment is contractually fixed for…
Tuesday, July 17, 2018, 2:18 a.m. By Atty. Dennis R. Gorecho For a disability claim to prosper, a seafarer suffering from leukemia only needs to show that his work and contracted illness have a reasonable linkage that must lead a rational mind to conclude that the seafarer’s occupation may have contributed or aggravated the disease.…
Thursday, April 5, 2018, 11:55 p.m. By: Atty. Dennis R. Gorecho The findings of the company-designated physician do not always bind the courts in determining the merits of compensation cases filed by Filipino seafarers. In most seafarer cases for disability or death benefits claims, one of the arguments often raised by the companies or the insurance…
Wednesday, March 21, 2018, 12:41 a.m. By: Atty. Dennis R. Gorecho The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract include medical treatment apart from disability benefits and sickness allowance. A medically repatriated seafarer, either due to an injury or an illness, should remember that…
2:35 pm Tuesday, August 15, 2017 By: Atty. Dennis R. Gorecho The original manning agency cannot claim that it will be exempted from liability because it is no longer the manning agency responsible to the dismissed seafarers since the new manning agencies had executed Affidavits of Assumption of Responsibility. In Section 1 of Rule II…
4:12 am Thursday, July 27, 2017 By: Atty. Dennis R. Gorecho Homesickness and/or family problems may result to depression, but the same does not necessarily equate to mental disorder that will enable the heirs to be entitled to death benefits for a seafarer who allegedly committed suicide. This was the ruling of the Supreme Court…