Seafarers and Infections

Tuesday, May 8, 2018, 12:03 a.m. By: Atty. Dennis R. Gorecho   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. Apart from accidents, seafarers are prone to certain serious diseases and health hazards due to the nature of onboard

Credibility of Findings of Company Doctors

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

Accident or Illness Report while on board the vessel

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

Dubious Certificate of Fitness in disability claims

Monday, January 15, 2018, 11:31 p.m.  By: Atty Dennis R. Gorecho The Supreme Court warned companies from issuing dubious Certificate of Fitness which it described as “a ploy that aims to take advantage of the worker’s lack of sufficient legal knowledge and his desperate circumstances” The Supreme Court ruled in favor of a young seafarer

2017: Twenty Second National Seafarers Day

4:41 am Thursday, September 28, 2017 By: Atty. Dennis R. Gorecho The Twenty-Second National Seafarers’ Day was celebrated on September 24, 2017, with the theme “MARINONG FILIPINO: NAG-UUGNAY SA MUNDO”. The Manila celebration was held at the Cuneta Astrodome. Former president Fidel V. Ramos earlier issued on July 9, 1996 Proclamation No. 828 declaring August 18

Negligence causing damage loss, spoilage or deterioration of ship’s stocks and property

5:52 am Wednesday, September 13, 2017 By: Atty. Dennis R. Gorecho It is settled that the employer has the burden to prove that the dismissal of a seafarer is based on a valid cause. To discharge this burden, the employer must present substantial evidence – or such amount of relevant evidence that a reasonable mind

Definitive assessment of a seafarer’s disability

4:00 am Wednesday, August 30, 2017 By: Atty. Dennis R. Gorecho A seafarer is considered as suffering permanent total disability if the medical statement of the company doctor is devoid of any definitive declaration as to the seafarer’s capacity to return to work or at least a categorical and final degree of disability. For the courts and labor

Assumption of liability not a defense

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

Incompetence and Inefficiency as grounds for dismissal

3:30 am Tuesday, August 15, 2017 By: Atty. Dennis R. Gorecho It is settled that the employer has the burden to prove that the dismissal of a seafarer is based on a valid cause. To discharge this burden, the employer must present substantial evidence – or such amount of relevant evidence that a reasonable mind

Violations of company policies and regulations as grounds for dismissal

4:01 am Tuesday, August 1, 2017 Atty. Dennis R. Gorecho Violations of   company policies and regulations are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which cover any of the following acts: pilferage or theft of ship’s store or cargo; pilferage or theft of ships property of crews or passengers or

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