PHILIPPINE SHIPPING UPDATES

Philippine Shipping Updates – Manning Industry
By: Ruben Del Rosario, President, Del Rosario Pandiphil Inc., January 21, 2010

Supreme Court rejects benefits as seafarer failed to submit to medical examination within three days from repatriation

A seafarer must submit himself to a post employment medical examination by the company designated physician within three working days from repatriation. Under the POEA contract, failure to do so shall result in his forfeiture of the right to claim benefits. Justice Conchita Carpio-Morales dismissed seafarer’s complaint for reporting to the company physician seven months after his repatriation.

In this case, seafarer/petitioner was hired as chief cook for a 3-month contract of employment. While on board the vessel, he felt a throbbing pain in his chest and shortening of breath. Upon completion of his contract, he was repatriated and immediately reported to vessel interests/respondents his condition but that he was never referred to a doctor for consultation. Seven months after, petitioner sought re-employment and during his PEME he was diagnosed with error of refraction, hyperglycemia, cardiac dysrhythmia and atrial fibrillation with rapid value response. He was declared unfit for sea duties and was denied further deployment. Petitioner sought the opinion of a private doctor and was assessed with an Impediment Grade IX and that his illness was work-aggravated. He then filed a complaint for payment of permanent disability benefits, medical reimbursement, sickness allowance, compensatory damages, moral damages, exemplary damages and attorney’s fees.

The Labor Arbiter, the NLRC and the Court of Appeals dismissed seafarer’s complaint. Both the Labor Arbiter and the NLRC discredited seafarer’s allegation that he reported his medical condition to the manning agent.

The Supreme Court denied the petition. The Court ruled that petitioner was repatriated not on account of any illness or injury, but due to completion of contract. The records are bereft of any documentary proof that he had referred his illness to a nurse or doctor in order to avail of proper treatment regarding his condition. But even assuming that petitioner was repatriated for medical reasons, the Court said that petitioner failed to submit himself to the company-designated physician for medical examination within three days from his arrival. Petitioner submitted himself for medical examination to the company-designated physician only seven months after his repatriation following the completion of his employment contract. Thus, failure to comply with this requirement bars the filing of any claim for disability benefits.

Dionisio Musnit vs. Sea Star Shipping Corporation and Sea Star Shipping Corporation, Ltd. ; G.R. No. 182623; First Division; December 4, 2009 ; Supreme Court Associate Justice Conchita Carpio Morales, Ponente.





Supreme Court reiterates 120 day rule in two recent decisions

In Abante vs. KJGS Fleet Management Manila (December 4, 2009) and in Iloreta vs. Philippine Transmarine Carriers, Inc. (December 4, 2009), Supreme Court Associate Justice Conchita Carpio Morales reiterated the 120 day rule in Crystal Shipping that a seafarer is deemed permanently disabled if he is unable to work for more than 120 days.

It both these two cases, Justice Carpio-Morales awarded compensation as seafarer failed to work for more than 120 days. However, the two decisions never discussed the 240 day rule in the Vergara decision.

It is the author’s opinion that the two recent decisions do not alter the Vergara decision as said decision was never discussed in these two recent decisions. The author however reiterates its recommendation that an interim assessment be made by the company physician prior to the expiration of the 120 days as it would appear there are those who are still not familiar or who do not subscribe to the Vergara decision.

Leopoldo Abante vs. KJGS Fleet Management Manila and/or Guy Macapayag, Kristian Gerhard Jebsens Skipsrenderi A/S; G.R. No. 182430; First Division; December 4, 2009; Supreme Vourt Associate Justice Conchita Carpio-Morales, Ponente

Joelson Iloreta vs. Philippine Transmarine Carriers, Inc. and Norbulk Shipping U.K. Ltd.; G.R. No. 183908; First Division; December 4, 2009 ; Supreme Court Associate Justice Conchita Carpio Morales, Ponente.