Seafarers Guide

27/09/2024

Guys good day.

I have a good news for everyone!!

Integrated Bar of The Philippines in cooperation with OWWA gives you FREE legal consultation in the new Seafarers Hub located in Ermita, Manila.

Our very own former AMOSUP Legal Dirrctor and currently the IBP Manila III President Atty. Rogelio B. De Guzman is the officer-in-charge for your legal consultations.

Schedule will vary but he is usally there during Monday and Wednesday from 2pm to 4pm.

See you there!! 😃

19/06/2024

Its about time that the POEA SEC be amended!!

Even the lawyers abroad observed that the POEA SEC is not commensurate to the needs of the Filipino Seafarers.

Our condolences to the Two Filipino Seafarers who loss their lives on board.

1746 likes, 162 comments. “Attention TikTok fam! Did you know that the crew member who tragically passed away on a Holland America ship may have some benefits for their surviving family? The government's POEA law offers support for overseas workers, find out more! Filipino Cr...

15/11/2023

Is the company liable for the injuries sustained by a seafarer while playing basketball on-board the vessel? Is the Injury Work-Related?

Read this article and you will find out the answer! Enjoy!

Remember:
BUNKHOUSE DOCTRINE
PERSONAL COMFORT DOCTRINE

Supreme Court Upholds Disability Claims of Seafarer Injured while Playing Basketball
November 9, 2023
The Supreme Court has ordered a ship management company and its corporate officers to pay US$90,000 as total and permanent disability benefits to its seafarer employee who suffered an injury while playing basketball on board a ship during his free time.

In a 21-page Decision penned by Associate Justice Samuel H. Gaerlan, the Court granted the petition under Rule 45 of the Rules of Court filed by Rosell R. Arguilles (Arguilles) which sought to annul and set aside the January 24, 2020 Decision and November 9, 2020 Resolution of the Court of Appeals (CA). The said issuances of the CA affirmed the National Labor Relations Commission (NLRC) Resolution which, in turn, reversed the Decision of the Labor Arbiter in favor of Arguilles in a complaint for disability benefits against his former employer, respondents Wilhelmsen Smith Bell Manning, Inc. (Wilhelmsen Manning), its principal Wilhelmsen Ship Management Ltd. (WSML), and Fausto R. Preysler, Jr.

On December 26, 2016, Arguilles, employed as an Ordinary Seaman by Wilhelmsen Manning on behalf of WSML on board the vessel M/V Toronto, suffered an injury in his left ankle while he was playing basketball with his work colleagues in their free time.

After petitioner was medically repatriated to the Philippines, he was referred to Wilhelmsen Manning’s company-designated physicians for an initial evaluation. A magnetic resonance imaging of his injured ankle showed a severely attenuated Achilles tendon consistent with high-grade partial tear.

On February 6, 2017, Arguilles underwent surgery to repair his ankle. The clinical abstract showed that he was diagnosed with “High Grade Achilles Tendon Tear, Left.” Between February 13, 2017 and June 23, 2017, he underwent 49 physical therapy sessions at a clinic to which he was referred by Wilhelmsen Manning. After Wilhelmsen Manning terminated his treatment allegedly because his work-related injury was too severe to be resolved within 120 days, Arguilles consulted an independent physician who then declared him unfit for duty.

When his request for disability benefits from respondents went unheeded, Arguilles filed a complaint before the arbitration branch of the NLRC.

The Labor Arbiter decided in Arguilles’ favor and ordered respondents to pay the latter the amount of US$90,000 plus moral and exemplary damages in the amount of Php450,000. On appeal, the NLRC initially maintained the finding of disability in Arguilles’ favor, but reduced the amount awarded him by the Labor Arbiter. Respondents moved to reconsider, which prompted the NLRC to completely reverse its findings and order the dismissal of Arguilles’ claims. The CA affirmed the NLRC.

In granting Arguilles’ petition, the Supreme Court stressed that the 2010 Philippine Overseas Employment Administration Standard Employment Contract (POEA SEC), in conjunction with the collective bargaining agreement between the Norwegian Shipowners; Association and the Association of Marine Officers; and Seamen’s Union of the Philippines and the Norwegian Seafarers’ Union (NSA-AMOSUP/NSU CBA), which, in turn, governs the relationship between Arguilles and respondents, serves as the main basis for Arguilles’ claims.

On the other hand, Section 2, Rule IV of Department of Labor and Employment Order No. 130, series of 2013 provides that the terms and conditions of seafarers’ employment shall be governed by the POEA SEC.

The Court noted that the POEA SEC defines a work-related injury as an “injury arising out of and in the course of employment,” which does not require that a seafarer must suffer an injury while he or she is in actual performance of his or her duties. The Court added that Section 2(A) of the POEA SEC likewise provides that a seafarer’s contract of employment shall be effective until his or her date of arrival at the point of hire, upon termination of his or her employment.

The Court also said that an employer is duty-bound to provide a seaworthy ship for the seafarer and take all reasonable precautions to prevent accident and injury to the crew, under Section 1(A)(4) of the POEA SEC.

“It is beyond cavil that petitioner’s injury was sustained while his employment contract was still in effect and while he was still on board M/V Toronto. Accordingly, he suffered his injury in the course of his employment. This squarely falls within the POEA SEC’s definition of a work-related injury,” ruled the Court.

The Court, however, made it clear that not all injuries sustained by a seafarer on board a ship shall be compensable, as employers were never intended to be insurers against all accidental injuries their employees might incur while in the course of employment, “but only for such injuries arising from or growing out of the risks peculiar to the nature of work in the scope of the workmen’s employment or incidental to such employment, and accidents in which it is possible to trace the injury to some risk or hazard to which the employee is exposed in a special degree by reason of such employment.”

Citing Section 20(D) of the POEA-SEC, which states that a seafarer shall be disqualified from receiving disability benefits of the employer is able to prove that: (1) the injury, incapacity, or disability is directly attributable to the seafarer; (2) the seafarer committed a crime or willful breach of duties; and (3) the causation between the injury, incapacity, or disability, and the crime or breach of duties, the Court said that the burden rests upon the respondents to prove by substantial evidence that the injury incurred by Arguilles during the course of his employment was directly attributable to his deliberate or willful act.

In the case of Arguilles, he was “merely playing basketball, an employer-sanctioned activity onboard the vessel. It cannot be considered as a reckless or deliberate activity that is unmindful of one’s safety,” remarked the Court. “The records are bereft of any evidence, much less the slightest indication, that the injury suffered by [Arguilles] was intentionally or negligently incurred. Thus, his injury is worthy of compensation.”

The Court further held that in any event, Arguilles’ entitlement to full disability benefits had already lapsed by operation of law. Since no certification as to Arguilles’ condition was issued by the company-designated physician within the 120-day and 240-day periods contemplated by the Court in Elburg Shipmanagement Phils. v. Quiogue, Jr. on claims for total and permanent disability benefits by a seafarer, his condition had already lapsed into total and permanent disability.

The Court likewise declared the corporate officers of Wilhelmsen Manning jointly and severally liable with Wilhelmsen Manning and WSML for the total judgment award, following the provision of the Migrant Workers and Overseas Filipinos Act of 1995, as amended, which states that if the recruitment or placement agency is a juridical being, its corporate officers, directors, and partners shall themselves be jointly and severally liable with the corporation or partnership for money claims. (Courtesy of the Supreme Court Public Information Office)

FULL TEXT of G.R. No. 254586 (Arguilles v. Wilhelmsen Smith Bell Manning, Inc./Wilhelmsen Ship Management Ltd., and Preysler, Jr., July 10, 2023) at:

Rosell R. Arguilles Vs. Wilhelmsen Smith Bell Manning, Inc./Wilhelmsen Ship Management Ltd., and Fausto R. Preysler, Jr. G.R. No. 254586. July 10, 2023 [Date Uploaded: 10/23/2023] DOWNLOAD PDF FILE HERE

30/12/2022

Good day seafarers. Its been a good year. We are slowly going back to normal and employment in the seafaring industry is returning to its prime. Again be mindful of your rights as seafarers.

Good news we helped another fellow injured seafarer before the year ends. Another life has been changed and another chance has been given to him and to his family to start anew.

His story will inspire you and I will post his experience in battling his company.

Have a wonderful new year and to those who are apart from their families may you always be reminded that your efforts are for your future and you family as well.

Stay safe everyone.

18/12/2022

Please like and share. :)

Hey there brave Queen! Welcome to SKIN FASHION Skincare and Cosmetics 😊💜

01/12/2022

https://m.facebook.com/story.php?story_fbid=10226081054964888&id=1592655385&mibextid=Nif5oz

24/08/2022

Lates update on the 120/240 days rule:

The Supreme Court in very recent cases decided that:

1. The company-designated physician must issue a Final Medical Assessment within 120 days from the first check-up of the seafarer.

2. If the company designated physician failed to issue such FMA within the said 120 days period the seafarer's disability is now considered as Total and Permanent.

3. If however, a need to extend to 240 days medication/rehabilitation is needed, the Company-Designated Physician must issue a certificate with valid diagnosis as a reason to extend the period for another 120 days. The said Certification must be issued within the period of the first 120 days. Failure to do so will result to total and permanent status of injury/illness of the seafarer.

4. If however, the seafarer's injury/illness last for 240 days, the company-designated physician must issue a Final Medical Assessment as to the fitness or unfitness of the seafarer to return to work or a final medical grading. Failure to do so will result to permanent and total disability status of the seafarer.

Please take note of the first 120 days from repatriation/check-up with the Company-designated Physician. The recent Supreme Court jurisprudences are now strict with the compliance of the rule on the first 120 days. In other words, if the company-designated physician failed to issue a Final Medical Assessment within 120 days or a certification/diagnosis as a basis to extend the medication/rehabilitation for another 120 days, will result to the permanent and total disability status of the illness/injury of the seafarer.

19/05/2022

Ladies and gentlemen, maraming salamat po sa pag like and share ng page natin. We are providing help sa mga Marino natin. If you have any questions please message me. THANK YOU!! New legal updates soon.

12/11/2021

POEA SEC vs Collective Bargaining Agreement:

POEA SEC is a contract that a seafarer sign in the Philippines prior to deployment. Parties includes the seafarer and the local manning agency representing the principal.

The POEA SEC is a standard employment contract that serves as the protection of the seafarer when working in a foreign vessel.

A Collective Bargaining Agreement on the other hand is a document that contains the terms and conditions of the crew employed in a ship. In cases of injuries or illness sustained while working in the vessel, the compensation rate on the CBA is higher than POEA SEC.

The POEA SEC signed by the seafarer and manning agency representative specifies if a CBA is included therein. It can be found in item 1.18 of the POEA SEC.

What to do if a seafarer signed a POEA SEC with a CBA Provision included?

Prior to signing of the contract the seafarer should request a copy of the CBA.

What will prevail in case of accident or illness in occurred or acquired in the vessel?

Usually the CBA only covers compensation of injuries sustained in while in the vessel. The compensation rate of the CBA will be compared to the POEA SEC. If the CBA Rate is higher than the POEA SEC, the former will be applied.

In case of illness (e.g. Heart Attack) acquired while working in the vessel, the CBA must specifically state that it covers compensation of Illness. Absence of provision thereof, POEA SEC will apply.

21/07/2021

Good day seafarers,

Lets discuss the importance of the 72 hour reportorial requirement in case you undergone medical repatriation.

The POEA SEC mandates that you must report to your respective manning agency within 72 hours from arrival in the Philippines in cases of medical repatriation to avail of the post-medical examination. Failure to do so will result to forfeiture of the benefits of post-medical examination and medical allowance for 120 days.

Exception to the rule:
1. If your not physically fit to report personally to the manning agency. (Cases of severe injury or illness).
2. If the Manning Agency will refuse to admit you to a ppst medical examination despite compliance with the 72 hour period.

28/05/2021

Things to remember in case you encounter an accident on board the vessel!!

1. Secure a copy of the accident report.

2. Always document the chronological order of the events prior and after the accident. Example: name of the hospital abroad and collect all medical records.

3. Always keep the original copies of the reports and medical records.

4. Upon repatriation to the Philippines, the company agent will ask for your documents. You may surrender to him/her the photocopies. (If you give the original you will have a hard time to secure a copy of it once you file a legal claim).

5. Always ask for the laboratory results, medical diagnosis of the company designated physician and other documents during your post-medical examination.

The reason why Im reiterating the importance of document collection is for you to have a much better winning chance in case you get to the point of filing a disability claim against your company. Labor cases revolves around documentary evidence!

28/05/2021

Poea Contract and Collective Bargaining Agreement. What to do upon signing of Contract?

1. Always check if your POEA contract is covered by a Collective Bargaining Agreement. It can be found on item 1.10 of the POEA Contract.

2. If your contract isncovered by a CBA "ALWAYS" secure a copy of the latest CBA upon signing. On your spare time on board the vessel, make it a habit to read the CBA. Always keep a copy of it in case of accident or illness while working on board the vessel.

3. If your contract is not covered by a CBA, the provisions of the POEA SEC will apply in case you encounter injury or illness on board the vessel. Make it a habit to read the provision of the poea sec (the one with small writings on it)

4. If your contract is covered hy a CBA it does not automatically apply in case you encounter an illness on board the vessel. The CBA usually covers injury depending on the provisions thereof. So again make it a habit to read and secure a copy of the COnTract as well as the CBA if covered.

15/04/2021

The Supreme Court in a very recent case of "HENRY ESPIRITU PASTRANA, PETITIONER, VS. BAHIA SHIPPING SERVICES, CARNIVAL CRUISE LINES, NORTH SEA MARINE SERVICES CORPORATION, V. SHIP LEISURE, INC., ELIZABETH MOYA AND FERDINAND ESPINO, RESPONDENTS, G.R. No. 227419, June 10, 2020", decided that:

"In Elburg Shipmanagement, Inc. v. Quiogue, Jr.66 (Elburg), the Court supplanted Vergara and outlined the rules with respect to the period within which the company-designated physician must issue a final and definitive disability assessment, viz.:

In summary, if there is a claim for total and permanent disability benefits by a seafarer, the following rules (rules) shall govern:

1. The company-designated physician must issue a final medical assessment on the seafarer's disability grading within a period of 120 days from the time the seafarer reported to him;

2. If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer's disability becomes permanent and total;

3. If the company-designated physician fails to give his assessment within the period of 120 days with a sufficient justification (e.g. seafarer required further medical treatment or seafarer was uncooperative), then the period of diagnosis and treatment shall be extended to 240 days. The employer has the burden to prove that the company-designated physician has sufficient justification to extend the period; and

4. If the company-designated physician still fails to give his assessment within the extended period of 240 days, then the seafarer's disability becomes permanent and total, regardless of any justification."

26/02/2021

Piece of advice:

In case of accident or injury on board the vessel, please secure the necessary documents such as but not limited to:

- accident/incident report
- medical on hospital documents from foreign hospital
- all other documents pertinent to your medical repatriation.

Note:

1. PHOTOCOPY IT ALL AND GIVE THE PHOTOCOPIED DOCUMENTS TO THE COMPANY/MANNING (no photocopier, picture from your cellphone will do) just secure a copy for yourself.

2. As to the medical documents once your under post medical here in the Philippines, please secure copies of all medical documents because it is your right as a patient.

3. Your disability case will revolve upon all the important documents stated abovr and without them your claim has a high chance to be denied or you'll be at the mercy of the medical assessment of the company designated physician.

11/02/2021

The Supreme Court in the case of Oscar D. Gamboa vs. Maunlad Trans. Inc. et. al. G.R. No. 232905, August 20, 2018, that:

“The Company shall provide disability compensation to the seafarer in accordance with APPENDIX 3, with any differences, including less than ten percent (10%) disability, to be pro rata.
###xx

In this case, records fail to disclose that petitioner’s illnesses were the result of an accident. Nevertheless, petitioner’s disability is still compensable under Article 28.3 thereof which expressly provides that “the Company shall provide disability compensation to the seafarer in accordance with APPENDIX 3 ###”.

In NFD International Manning Agents, Inc. vs. Illescas, the Court declared that the seafarer’s sustained back injury was not the result of an accident but nonetheless ordered the payment of his disability in accordance with the provisions of the CBA.

Here, since the company-designated physician failed to arrive at a final and definitive assessment of petitioner’s disability within the prescribed period, the law deems the same to be total and permanent, which is classified as Grade I under the POEA-SEC. As such, its equivalent rate under APPENDIX 3 of the CBA is the 100% rating, and the amount of compensation for petitioner’s position as Bosun, which is for “Junior Officers and Ratings Above AB for the year 2014, is USD127,932

05/11/2020

How important is "Documentation'' in winning your disability case?

A new client is very organized with his documents. Whatever we asked of him he provides. As early as now we can easily gauge that he has a high chance of winning the case. Why? because the company cannot deny the document that he has in support of his case.

Advice: Organize your documents properly.
1. Every PEME must be compiled.
2. Every contract must also be compiled.
3. Read the contract properly before signing.
4. Read and understand the CBA. However, if your vessel is not covered by any CBA, always read the POEA SEC attachment in you POEA Contract (the one with the small font and folded 3 times).
5. In case of illness or injury, always secure a copy of the incident/accident report no matter what. (It is your right). Secure copies of medical records if in case you get hospitalized abroad.
6. Upon repatriation, do not surrender all original records of your incident/accident to your manning agency only give them a photocopy. (Because if you will need them in the future they will give you a hard time to secure it).
7. Upon undergoing post-medical examination, always secure a copy of the Laboratory Exam Results, Prescriptions, medical progress report etc. (The company-designated physician will most likely refuse but insists that it is your right).

24/09/2020

Good day seafarers its been a while. I am working on some updates to boost your knowledge and to guide you on the legal matters surrounding your profession. :)

27/05/2020

Thank you for liking the page we've passed the 2000 mark. Keep sharing. I will post new updates and advice this coming days. Again thank you seafarers.