Interim disability grading in seafarer’s claims

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

Osteoarthritis as a compensable seafarer’s illness

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. 

The Magna Carta for Filipino Seafarers

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

Flowers for the deceased seafarers

Tuesday, October 9, 2018, 9:08 a.m. By Atty. Dennis R. Gorecho Flowers are the expression of the fragrance and beauty of love given and received. Wreathe thrown into the sea carry to all the deceased seafarers the message of love and gratitude. There is no distance of time or oceans but a mutual waiting for an

Termination due vessel sale or change of principal

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

Incompetence & inefficiency as grounds for dismissal

Monday, May 28, 2018, 10:52 p.m. By Atty. Dennis R. Gorecho   Where a penalty less punitive would suffice,  whatever missteps may have been committed by the worker ought not to be visited with a consequence so severe such as dismissal from employment Poor or unsatisfactory performance of an employee does not necessarily mean that

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

Prescription in filing cases

9:19 pm Friday, July 7, 2017 By: Dennis R. Gorecho The prescriptive period under the pre-2000 contract is one year from the date of the seafarer’s return to the point of hire. Under the 2000 contract, prescription is three years from the date the cause of action arises. This harmonizes the contract with the Philippine

Compensation for the Heirs

Tinig ng Marino Article – May-June 2016 Can the heirs claim death benefits even if the seafarer died after his medical repatriation?Yes, as pronounced in the case of Canuel v. Magsaysay Maritime Corporation, et. al (G.R. No. 190161, October 13, 2014), the Supreme Court granted the claims for death benefits even though the seafarer’s death happened

Blame-shifting in Seafarer’s labor cases

“Aanhin pa ang damo kung patay na ang kabayo.”  Never mind if the seafarer dies before he receives compensation. A popular Filipino saying that applies directly to the possible  legal effect of ANGKLA’s  bill (House Bill No. 5430) that seeks to delay the execution of  the favorable judgment from the National Labor Relations Commission (NLRC)

Translate »