Monday, January 21, 2019, 5:58 p.m. By Atty. Dennis R. Gorecho A seafarer who suffered a stroke on board the vessel must be compensated due to work-related stress. In the case of Magsaysay Mitsui OSK Marine, Inc, v. Bengson (G.R. No. 198528, October 13, 2014) disregarded the employer ’s claim that the seafarer’s hypertensive cardiovascular disease is not compensable…
Monday, January 7, 2019, 1:50 p.m. By Atty. Dennis R. Gorecho Courts are not bound to accept, in its entirety, the company doctor’s findings despite the seafarer’s failure to initiate the referral to a third doctor. The Supreme Court said that while failure to refer the conflicting findings between the company-designated physician and the…
Monday, December 17, 2018, 9:28 p.m. By Atty. Dennis R. Gorecho A seafarer may be dismissed in the event that he is found to be committing unauthorized acts in connivance with or cuddling of stowaways. The International Transportation Workers Federation (ITF) defines a stowaway as a person who secretly enters a ship without the…
Monday, December 10, 2018, 9:39 p.m. By Atty. Dennis R. Gorecho The declaration for interim disability grade is merely an initial determination of a seafarer’s condition for the time being and cannot be considered as a definite prognosis. Without a valid final and definitive assessment from the company-designated physician within the 120/240-day period, the law…
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,…
Monday, October 29, 2018, 3:37 p.m. By Atty. Dennis R. Gorecho Degenerative changes of the spine, also known as osteoarthritis, is considered as a work-related. due to the seafarer’s performance of tasks that clearly involved unduly heavy physical labor and joint strain. A job of a seafarer is not exactly a walk in the park. …
Monday, October 15, 2018, 11:55 a.m. By Atty. Dennis Gorecho Stakeholders has been campaigning for the passage of the Magna Carta for Filipino seafarers given the fact that the Philippines is considered as one of the major suppliers of maritime labor globally. The first version of the Magna Carta for Filipino Seafarers was the by-product…
Monday, September 3, 2018, 10:01 p.m. By Atty. Dennis R. Gorecho The seafarer is entitled to receive his basic wage until the date of joining another vessel in the event of vessel sale or change of principal and he opted to complete his contract by joining another vessel of the same principal. The employment of…
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…
February 8, 2019 – Stroke and seafarer’s stress February 2, 2019 – Compulsory insurance coverage of OFWs January 13, 2019 – ‘Aurora’ and the maritime tragedies in PH 2018 December 29, 2018 – Filipino seafarers are not probationary employees December 20, 2018 – Gambling as a ground for dismissal December 15, 2018 – Seafarers’ claims to be delayed by placing awards…