Filipino Seafarers as disciples of the church : 24th National Seafarers Day

Manila Archbishop Luis Antonio Tagle has acknowledged the role of  seafarers, Filipino mariners in particular, in propagating the teachings of the church, and  not merely major contributors to the country’s economic growth.

Speaking during the holy mass of the 24^th National Seafarers Day (NSD) at the Paco Arena, Tagle noted that Church has always been interested in seafarers since Christ first gathered his fishermen-disciples around him who later  disseminated his teachings.

Andrew, Peter, James and John, the sons of Zebedee, were fishermen.  The bible relates that Andrew and Peter were fishing, plying their trade when called, and James and John were mending nets with their father. The bible also  states that James and John  weren’t just fishermen, but business owners, along with their father, for they employed others in the business.

Thomas and Philip may have also worked as fishermen, for they were all together and fishing when Jesus appeared to them following his resurrection.

Tagle also earlier noted in a previous NSD celebration that Filipino seafarers  are  ‘saint potentials’.  The archbishop was referring to Saint Lorenzo Ruiz and San Pedro Calungsod as he noted that these two martyrs of the Philippine Catholic Church were seafarers and missionaries at the same time before they became saints. He added that Ruiz and Calungsod sailed to other countries and died for a mission: “to teach the Good News.

He likewise reminded the faithful not to be blinded and numb by comfort, wealth and luxury.

“As we strive to make our lives better, may this not lead us to forgetting our roots, neglecting those who need our help. Real progress also means progress in sympathizing and helping our fellowmen. But if it leads us to becoming numb and blind to the needs for others, then you cannot call it real progress,” Tagle stressed.

The estimated 337,502 deployed Filipino seafarers in 2018  remitted  $6.14 billion or around P318.55 billion. The sea-based sector’s remittances comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs). These remittances help spur domestic consumption in the Philippines and a key ingredient in the country’s drive to achieve higher but sustainable growth.

“If you are already well-off and live a comfortable life and you deny the Philippines and forget where you came from, that is not progress. That is regression. That is not the attitude of an upright person. And that is not the kind of Filipino I know,” Tagle added.

Tagle underscored that the pain brought by separation is a sign of  the seafarer’s  love, strength, and faith for the good of his  family and the country.

"Even if you feel pain when you leave your family and your country, that suffering is not a reason for you to be ‘paralyzed,’ but inspire you to strive for more,” said Tagle adding  that their hardships will not weaken them but make them even stronger.

The Philippines is considered as the major supplier of maritime labor globally as it is estimated that there is one Filipino seafarer for every four to five complements on board a vessel at any time.

 Former president Fidel V. Ramos issued on July 9, 1996 Proclamation No. 828 declaring Aug. 18 as National Seafarers’ Day aimed at giving due recognition to the vital role of Filipino seafarers towards the development of the Philippines as a maritime country. Later, Proclamation No. 1094 was issued in 1997 by President Ramos which moved NSD to every last Sunday of September every year.

The Apostleship of the Sea (AOS) Philippines was tasked to coordinate with the public and private sectors in activities related to the celebration of said event. The Sunday masses all over the country were offered to the Filipino seafarers.

This year’s NSD was set on September 29, 2019  with the  theme “ Marinong Filipino- Kababaihan: Palakasin sa Industriya!” in line with 2019  World Maritime Day theme ( Empowering Women in the Maritime Community).

Other weeklong NSD activities nationwide led by AOS include the grand parade participated in by stakeholders,  memorial at sea, novenas,  and the search for  the Ten Outstanding Maritime Students of the Philippines (TOMSP) as well as oratorical, art, photo and singing contest ..

The NSD coincides with the National Maritime Week celebrated every last week of September spearheaded alternatively by the government agencies Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG), and Philippine Ports Authority (PPA).

***

Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786).

DEADWEIGHT: accident , suicide, and seafarer's death compensation claims

 The   Finnish-German film  “Deadweight” dealt with  the legal question on the cause  of  a Filipino seafarer’s death that has a significant impact in  compensation claims. : whether he died  by accident or suicide.  

The movie by German filmmaker  Axel Koenzen Axel  explores the tough working conditions in the globalised shipping business.

Ahti Ikonen is the captain of a large 35,000-ton container vessel Brugge, which enters the port of Savannah behind schedule. As they are  under deadline pressure,  he violated regulations by ordering his crew to help the local dockworkers unload the cargo. Unfortunately, it  costs the  life of a Filipino seafarer James that threatens his career.  In the port of Rotterdam, Netherlands unionized dockworkers exploit the incident and refuse to unload the ship and called for a boycott.

In the film, the Filipino seafarer James was somewhat suffering from a depression as his request  for repatriation  was not granted even if his tenure was already beyond  that stipulated in the contract.  In a scene he was  shown with a head injury after the illegal lashing  and later     as a dead person.

The  film showed the discussion among the Filipino crew on what will be the tenor of their testimony surrounding James’ death.

If he died due to accident,   the heirs will be paid US$50,000.00 and an additional amount of US$7,000.00 to each child under the age of twenty-one (21) but not exceeding four (4) children under the POEA contract.  The amount usually is higher if the death is covered by a Collective Bargaining Agreement (CBA).

On the other hand, declaring the incident as suicide will save the owners large amount of payment for death benefits from the insurance companies.

The employer is liable to pay the heirs of the deceased seafarer for death benefits once it is established that he died during the effectivity of his employment contract. However, the employer may be exempt from liability if it can successfully prove that the seafarer’s death was caused by an injury directly attributable to his deliberate or willful act, including killing himself by committing suicide.

The investigators  concluded that James died by suicide due to illegal lashing  based on the testimony of the crew.

Studies identify  as most frequently cited factors  for seafarers’ suicide the  various work-related problems which  included conflicts among the crew, disciplinary problems, work pressure,  cancellation of shore leave, various mental health conditions, depression,  marital or girlfriend problems and  alcohol consumption.

I was elated to see my name in the credits of the film. In 2014, I was interviewed by  German filmmaker  Axel Koenzen on the different issues confronting the Filipino seafarers, including the perils of the profession like disability or death due to illness, injury or accidents.

Two years later, the film  had its world premiere at the 2016  Berlin International Film Festival.  

Deadweight is a measure of how much weight a ship can carry, or the sum of the weights of cargo, fuel, fresh water, ballast water, provisions, passengers, and crew.

The film was aptly described in the 9th Subversive Film Festival in  Zagreb, Croatia as “Axel’s  nautical piece which  deals with the exploitation of the nautical working class that makes the functioning of capitalistic efficiency possible. With an accentuated documentary approach,  through various observational methods the film speaks about responsibility, limitations, restrictions, which are symbolic of a time in which instructions are mediated through e-mail and  radio,  and reflect the essence of the global syndrome of mediated management - the shifting of responsibility that often falls on the lowest level executioner. The film has adapted, in its making, to the rhythm of the boat, while the author refuses to romanticize the hard and brutal working conditions of its crew.”

Deadweight had its Philippine premier last month  at the UP Film Center in Diliman. I suggested to Axel  that it be shown in schools and other venues in time for the National Seafarers Day celebration during the last week of September.

Atty. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786

psychosis, severe depression or schizophrenia

A seafarer’s psychosis, severe depression  or schizophrenia may be  considered  compensable due to the work-related  stressful environment  on board the vessel.

Seafarers are susceptible to mental health issues due to  harassment and bullying  that can take a wide variety of forms, ranging from physical or verbal aggression, ill-treatment, cyber-bullying or sexual discrimination. There is even a high risk of suicide for seafarers with psychosis.  

While the physical effect of harassment and bullying is fairly easy to identify on account of the obvious external signs, the same cannot be said of their  emotional effects  which are often denied or distorted.

In Cabuyoc vs. Inter-Orient Navigation   (G.R. No. 166649,              November 24, 2006) , the Supreme Court ruled that  the seafarer’s illness was the direct result of the demands of his shipboard employment contract and the  hostile treatment and mental trauma in the hands of German ship officers . This led to his nervous breakdown and untimely repatriation to the Philippines.

The  Court disregarded the company’s argument that  psychosis or schizophrenia is not compensable under the POEA contract as his illness  is not caused by a  traumatic head injury which contemplates accidents involving physical or head contacts.

The Court noted the trauma  under the POEA contract  is not limited to  physical in nature but the same may involve mental or emotional hurt, damage or loss sustained. The word "trauma"  is defined as "a bodily injury caused by a physical force applied from without or  a disordered psychic or behavioral state resulting from stress or injury."

The seafarer's disability is not only physical but mental as well because of the severe depression, mental torture, anguish, embarrassment, anger, sleepless nights and anxiety that befell him.

In Leonis Navigation vs. Obrero (G.R. No. 192754, September 07, 2016), the Court ruled that  work-related stress may precipitate the disorder noting that the seafarer’s prolonged stint at sea eventually taxed his coping abilities which rendered him incapable of handling the stress.

The Court pointed out that  Schizophrenia is the most common form of psychotic disorder which involves a complex set of disturbances of thinking, perception, and social behavior and whose causes are still largely unknown, primarily associated with stressful life events.

In NFD International. v. NLRC (G.R. No. 107131, March 13, 1997),  schizophrenia was declared  to be work-related after the employer failed to negate the causal confluence between the epilepsy suffered by the seafarer after a mauling incident while on-board the vessel and his subsequent affliction of schizophrenia.

In Career Phils. vs Godinez, (G.R. No. 206826, October 2, 2017), the neophyte young seafarer's grave illness was directly caused by the unprofessional and inhumane treatment, as well as the physical, psychological, and mental abuse inflicted upon him by his superiors, aggravated by their failure and refusal to provide timely medical and/or professional intervention, and their neglect and indifference to his condition even as it was deteriorating before their very eyes.

 In C.F. Sharp vs. Perez (G.R. No. 194885,                January 26, 2015)  psychotic disorder was not considered  an injury as a result of an accident from any cause whatsoever which would entitle the seafarer  to higher disability benefits under the CBA.

Accident is one  which happens by chance or fortuitously, without intention and design, that does not occur in the usual course of events or that could not be reasonably anticipated, and  not attributable to mistake, negligence, neglect or misconduct.

There is no proof that seafarer  met an accident or an unintended and unforeseen injurious occurrence while on board the vessel. But his  disability was deemed  permanent and total, citing the company doctor’s  findings that recurrence of the same psychotic disorder is possible if the seafarer  is placed in the same situation.

In disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one's earning capacity.  Permanent total disability means disablement  to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his  mentality and attainment could do. It does not mean absolute helplessness.

Probability and not the ultimate degree of certainty is the test of proof. The precise medical causation of the illness is not significant, as long as the illness supervened in the course of employment and is reasonably shown to have been either precipitated or aggravated by work condition.

Atty. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786

Tuberculosis among seafarers

Seafarers by nature of their work are exposed to a variety of occupational hazards making exposure to biological agents and the concomitant risk of communicable diseases extremely  high.

Because of their nature of work, seafarers are bound to visit many ports in different parts of the world and are thus exposed to various pandemic and epidemic diseases such as tuberculosis.

In Inter-Orient Maritime  vs. Creer (G.R. No. 181921 September 17, 2014) , the Supreme Court pointed out that pulmonary tuberculosis is airborne and easily transmissible by infected patients. The risk of being infected, or acquiring, the tuberculosis infection is mainly determined by exogenous factors. 

The probability of contact with a case of tuberculosis, the intimacy and duration of that contact, the degree of infectiousness of the case, and the shared environment of the contact are all important determinants of transmission.

On the other hand, the risk of developing the disease after being infected is largely dependent on endogenous factors. The tuberculosis bacteria may lie dormant in the infected person’s immune system for years before it becomes reactivated, or he may ultimately develop the disease within the first year or two after infection, depending on the innate susceptibility to disease of the person and level of immunity.

In ruling for the compensability of tuberculosis, the Supreme Court held in the case of BARKO vs. Alcayno (G.R. No. 188190               April 21, 2014) that  a certification declaring the seafarer  as fit to work contrary to a prior finding of tuberculosis can be considered as a ploy to circumvent the law intended to defeat the seafarer’s  right to be compensated for a disability which the law considers as permanent and total.

The Supreme Court  explained that tuberculosis is a contagious infection caused by the airborne bacterium Mycobacterium tuberculosis. It is usually transmitted by inhaling air contaminated by the bacterium. Active tuberculosis usually begins in the lungs (pulmonary tuberculosis). Tuberculosis that affects other part of the body (extrapulmonary tuberculosis) usually comes from pulmonary tuberculosis that has spread through the blood. Tuberculosis adenitis is a form of tuberculosis which affects the lymph nodes. 

The court noted that under the  POEA contract, "Pulmonary Tuberculosis" shall be considered as an occupational disease in "any occupation involving constant exposure to harmful substances in the working environment in the form of gases, fumes, vapors and dust."

The seafarer’s daily tasks as an able bodied seaman were to paint and chip rust on deck or superstructure of ship and to give directions to crew engaged in cleaning wheelhouse and quarterdeck, which constantly exposed him to different types of hazardous chemicals, such as paints, thinners, and other forms of cleaning agents and harmful substances, that may have invariably contributed to the aggravation of his illness.

The Supreme Court noted the suspicious  gesture of the company in having a medical certification declaring him as "fit to work" despite apparent clear knowledge that he has been subjected to a long period of medical treatment.

For a sick  seafarer to be entitled to medical benefits under the  POEA Contract,  it is not sufficient to simply establish that the seafarer’s illness or injury has rendered him permanently or partially disabled; it must also be shown that there is a causal connection between the seafarer’s illness or injury and the work for which he had been contracted .

TB bacteria most commonly grow in the lungs, and can cause symptoms such as a bad cough that lasts three  weeks or longer, pain in the chest and coughing up blood or sputum (mucus from deep inside the lungs). Other symptoms of TB disease may include weakness or fatigue, weight loss, no appetite, chills, fever, and sweating at night.

Since one of the requirement for an illness to be compensable is that the seafarer suffered said illness during the effectivity of the POEA contract, it is imperative that his condition or symptoms  must be documented while he is on board the vessel.

Otherwise, his claim for disability benefits might be denied due to failure to prove that said illness occurred while his contract is still in force.

(Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)

Mama’s boy and psychological incapacity

A  marriage may have failed because  a seafarer acted as a Mama’s boy, but it cannot be declared void ab initio on the ground of psychological incapacity. 

One of the unfortunate consequence of seafarers working away for several months is the falling out of marriage.  

For couples desperate to find a way out of their troubled marriages,  some choose to undergo  trying and tedious legal process where  they  have to incur many expenses: the cost of litigation, filing fees, and even the professional fees.

The protagonists in most cases  are in reality simply unwilling to work out a solution for each other's personality differences, and have thus become overwhelmed by feelings of disappointment or disillusionment toward one another. Sadly, a marriage, even if unsatisfactory, is not a null and void marriage .

In Republic vs. Cabantug-Baguio, (G.R. No. 171042,June 30, 2008), the wife  noticed after their marriage  that every time she conversed with the seafarer , he always mentioned his mother and his family, and she soon realized that he was a mama’s boy. And she noticed too that when she would call up the seafarer  at his parents’ house and his mother was the one who answered the call, she would deny that he was around.

On the insistence of his mother, the seafarer’s  monetary allotment was shared equally between her and the wife. Later on, the seafarer  declared in his employment records that he was single and named his mother as principal allottee.

Less than three years  after they contracted marriage, the wife filed a complaint for declaration of nullity of marriage on the ground of the seafarer’s  psychological incapacity to comply with the essential marital duties and obligations under Articles 68-70 of the Family Code

In his medical report, the  clinical psychologist noted  that the seafarer’s  personality disorders including his being a mama’s boy are serious, grave, existing already during the adolescent period and incurable . He concluded that the seafarer appeared to be dependent upon his family and unable to establish a domicile for his family and to support his family.

In dismissing the case,  the Supreme Court ruled that the mere showing of irreconcilable differences and conflicting personalities does not constitute psychological incapacity. Nor does failure of the parties to meet their responsibilities and duties as married persons

It is essential that the parties to a marriage must be shown to be insensitive to or incapable of meeting their duties and responsibilities due to some psychological (not physical) illness, which insensitivity or incapacity should have been existing at the time of the celebration of the marriage even if it becomes manifest only after its solemnization.

It is downright incapacity, not refusal or neglect or difficulty, much less ill will, which renders a marriage void on the ground of psychological incapacity. The root cause thereof must be medically or clinically identified. There must thus be evidence to adequately establish the same.

 Psychological incapacity must be characterized by: (a) gravity (i.e., it must be grave and serious such that the party would be incapable of carrying out the ordinary duties required in a marriage); (b) juridical antecedence (i.e., it must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage); and (c) incurability i.e., it must be incurable, or even if it were otherwise, the cure would be beyond the means of the party involved. (Cruz vs. Cruz (October 11, 2017 G.R. No. 201988),

The Constitution sets out a policy of protecting and strengthening the family as the basic social institution and marriage as the foundation of the family. Marriage, an inviolable institution protected by the State, cannot be dissolved at the whim of the parties.

 In petitions for the declaration of nullity of marriage, the burden of proof to show the nullity of marriage lies on the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.

(Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)

Malaria in the seafaring industry

It is   a well-known fact that seafaring is one of the most hazardous occupations, in regards to personal health and safety concerns of seafarers.

The work on seagoing vessels is long associated with an increased risk of loss of health and life.  Because of their nature of work, seafarers are bound to visit many ports in different parts of the world and are thus exposed to various pandemic and epidemic diseases,  sometimes with fatal consequences.

Falling ill at sea or at a port far away from home can be a very difficult situation for the seafarer and his family and a challenge for the remaining crew and the ship operator

Apart from accidents, seafarers are prone to certain serious diseases and health hazards due to the nature of onboard work, change in climatic conditions, type of cargo carried, working hours, materials being handled, epidemic and endemic diseases, and  personal habits.

 One of the infections that a seafarer may suffer while on board the vessel  is malaria which  is predominantly a disease affecting Africa, South and Central America, Asia, and the Middle East.

Malaria is a preventable, life-threatening disease that can disrupt the blood supply to vital organ.

The plasmodium parasite which causes malaria is spread by the bite of infected female Anopheles mosquitoes and cannot be transmitted directly between humans.

Malaria as one of the listed  infectious disease that a seafarer may suffer during the effectivity of his contract  is  a disease resulting from the presence and activity of pathogenic microbial agents in the body. Infectious diseases are recognized as an occupational hazard in seafaring and are closely connected to the conditions of working and living onboard.

For a sick  seafarer to be entitled to medical benefits under the  POEA-Standard Employment Contract (SEC),   he must have suffered work related illness which is defined as any sickness resulting to disability or death as a result of one of the  twenty-four (24) occupational diseases listed under Section 32-A of the said contract. .

It is also  not sufficient to simply establish that the seafarer's illness or injury has rendered him permanently or partially disabled; it must also be shown that there is a causal connection between the seafarer's illness or injury and the work for which he had been contracted .

Symptoms are flu-like, including : fever (often exceeding 40°C), chills, malaise. nausea and vomiting, fatigue, myalgia (muscle pain), headaches, and sweating.  

The symptoms of the most life-threatening type of malaria are usually experienced between one week and two months after infection.  A typical attack lasts 8-12 hours.

 On rare occasions, the symptoms do not occur until 3 months after the infection in case of falciparum malaria, and more than 1 year after for the 3 other types.

A seafarer  with severe falciparum malaria may show signs of  confusion, drowsiness, extreme weakness and may develop cerebral malaria with convulsions, an unrousable coma and rapid death.

Since one of the requirement for an illness to be compensable is that the seafarer suffered said illness during the effectivity of the POEA contract, it is imperative that his condition or symptoms  must be documented while he is on board the vessel.

Otherwise, his claim for disability benefits might be denied due to failure to prove that said illness occurred while his contract is still in force.

(Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)

Spine injuries at sea

Back pains or spine injuries or illnesses are inherent in a seafarer’s  job characterized by excessive and strenuous physical activities, such as lifting, carrying, pushing, pulling and moving heavy equipment and materials.

The injury or illness may occur over a period of time or on the spot depending upon the physical strength and posture of the workers as well.   

The common back injuries or illness include lumbar spondylosis, lumbar radiculopathy, multi-level disc dessication, posterior disc herniation, or canal stenosis.

In compensation  claims, employers usually  argue that the nature of disability and the benefits are determined by the manner they are graded or classified under the POEA contract and not by the number of days that a seafarer is under treatment.  If a seafarer has an injury or medical condition that is not considered a Grade 1 impediment, then he cannot claim that he is totally or permanently disabled. To allow the contrary, they argue, would render naught the schedule of disabilities.

Under the POEA contract, Grade 1 disability grading will be given if a seafarer suffered  injury to the spinal cord  if (a) it  makes walking impossible even with the aid of a pair of crutches or (b) results to incontinence of urine and feces.

Partial disability  benefits will be given if the assessment is as follows: (a) Grade 4 if it caused walking impossible without the aid of a pair of crutches; (b) Grade 6  if he suffered fracture of the dorsal or lumber spines resulting severe or total rigidity of the trunk or total loss of lifting power of heavy objects ; (c) Grade 8 if he  suffered moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk; and (d) Grade 11 if he  suffered slight rigidity or one third (1/3) loss of motion or lifting power of the trunk.

In some instances, any seafarer who suffered these  medical conditions is in essence should be declared total permanent disabled, and not merely partial temporary. The findings and the disability grading of a company-designated physician could be set aside in the determination of disability compensation.

The  Supreme Court  usually considers the glaring apparent inconsistency in the company doctor's medical report between the classification of seafarer's disability and the fact that he had been unable to work for long period of time, which condition makes his disability permanent and total. (Crystal Shipping, Inc. vs. Natividad, 473 SCRA 559).

Permanent total disability means disablement of a seafarer to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment could do. Disability need not render the seafarer absolutely helpless or feeble to be compensable; it is enough that it incapacitates to perform his customary work. (Seagull Maritime Corporation vs. Dee, 520 SCRA 109).  

If those injuries or disabilities with a disability grading from 2 to 14, hence, partial and permanent, would incapacitate a seafarer from performing his usual sea duties for a period of more than 120 or 240 days, depending on the need for further medical treatment, then he is, under legal contemplation, totally or permanently disabled (Kestrel Shipping Co., Inc. v. Munar, 689 SCRA 795)

Companies cannot deny the fact that a seafarer suffering from any of these medical conditions will be considered more of a liability than an asset if he is allowed to go on board the vessel.He would no longer be able to perform strenuous activities such as the rigorous duties of a seafarer.

The Supreme Court acknowledge that  symptoms following surgery are relieved only to recur after a variable period. The causes may include insufficient removal of disc material and further extrusion, rupture of another disc, adhesions about the nerve root and formation of an osteophyte at the site of removal of bone. Even a successful disc removal  does not guarantee a permanent cure as fibrosis can produce a dense constricting scar tissue, which is presumed to be a prime cause of recurrent symptoms(NFD . v. Illescas, G.R. No. 183054, September 29, 2010.)

Surgery can never stop the pathological process nor restore the back to its previous state. Similar poor results have been found with repeated attempts at surgical intervention for the relief of chronic low back pain. If long term relief is desired, continued mechanical stress of postural or occupational type must be avoided.

Resuming a seafarer’s  usual work, which includes increased loading, twisting, or bending and extension of the back, will further expose him  to dangers of  aggravating his medical condition. 

(Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)

Compulsory insurance coverage of a deceased OFW

The compulsory insurance coverage  for overseas Filipino workers (OFWs), including seafarers, was  primarily designed for the protection of the interests and welfare of the worker  and their families.

Under Section 37–A of R.A. No. 8042, as amended by R.A. No. 10022, otherwise known as “Migrant Workers and Overseas Filipinos Act of 1995,” states that each migrant worker, including seafarers,  deployed by a recruitment or manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker, which shall remain valid during the duration of the employment and shall cover (1) accidental death, (2) natural death, (3) permanent total disablement, (4) repatriation cost, (5) subsistence allowance, (6) money claims, (7) compassionate visit, (8) medical evacuation, and (9) medical repatriation.

With respect to an OFW’s untimely  death, the minimum insurance benefits payable to   his beneficiaries shall include  (a) at least Fifteen Thousand United States Dollars (US$15,000.00)  for  accidental death  or (b) at least Ten Thousand United States Dollars (US$10,000.00)  for natural death.

The insurance provider shall likewise arrange and pay for the repatriation of the worker’s remains and belongings.

The insurance provider shall also render any assistance necessary in the transport, including but not limited to locating a local and licensed funeral home, mortuary or direct disposition facility to prepare the body for transport, completing all documentations, obtaining legal clearances, procuring consular services, providing death certificates, purchasing the minimally necessary casket or air transport container, as well as transporting the remains including retrieval from site of death and delivery to the receiving funeral home and back to the residence of the worker in the Philippines or to any place in the Philippines in accordance with the worker’s will, if there is any.

The extent of the said benefits shall be regardless of the cost, the primary test of compliance being the complete repatriation of the worker’s  remains  and his personal belongings.

Under the law, any claim arising from accidental death, natural death or permanent total disablement shall be paid without the necessity of proving fault or negligence of any kind on the part of the  migrant worker.

In the case of work-related death of the seafarer, during the term of his POEA-approved contract,  the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of 21 years old  but not exceeding four (4) children.  The amount usually is higher if the death is covered by a Collective Bargaining Agreement (CBA).

The POEA contract defined "work-related injury" as "injury(ies) resulting in disability or death arising out of and in the course of employment" and "work-related illness" as "any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of the contract.

The insurer must pay the seafarer’s beneficiaries  initially the amount of US$15,000.00 for accidental death or US$10,000.00 for natural death  during the contract in the event that there is a legal issue whether or not  the nature of  the death is work-related, such as in cases of suicide, since   there is no necessity of proving fault or negligence of any kind on the part of the  seafarer.

However, Migrante Hongkong  is campaigning against the implementation of the  OFW compulsory insurance. . They noted that HongKong  employers are already required by law to get insurance for their domestic workers. If they don’t get one, and something happens to their worker, employers will be liable and must make sure that they will be responsible for the expenses.

Migrante argues that the new mandatory insurance order will just add to the list of expenses that employers are made to pay for and will merely increase friction between the employer and worker, and might lead to non-rehiring.

 
(Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)