Timeliness of the third doctor referral in seafarer’s case

Monday, September 10, 2018, 1:45 a.m. By Atty. Dennis R. Gorecho The POEA Contract does not require a specific period within the parties in a case involving a seafarer’s disability claims may seek the opinion of a third doctor.  They may do so even during the mandatory conference before the labor tribunals. This was the

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

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

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

Third doctor opinion rule in seafarer’s compensation claims

Thursday, April 27, 2017 By: Atty. Dennis R. Gorecho In the event of the disagreement on the services of the third doctor, the seafarer has the right to institute a complaint for disability benefits directly before the National Labor Relations Commission (NLRC) or the National Conciliation and Mediation Board (NCMB).           This is the ruling

Liability of Employer and Manning Agency

9:31 pm Sunday, February 12, 2017 By: Atty. Dennis R. Gorecho   What is the liability of the foreign principal and the manning agent for any and all claims arising out of an employer-employee relationship or by virtue of any law or contract involving a seafarer?  It is “joint and several”, according to the case

10 Professional Mistakes Seafarers Should Never Make Onboard Ships

5:48 pm Saturday, February 11, 2017 By: Atty. Dennis R. Gorecho (Reposting an interesting piece from Marine Insight “10 Professional Mistakes Seafarers Should Never Make Onboard Ships“)  There is no dearth of stress on board ships. Ask a seafarer and you will know what it takes to work on board. It is the ultimate test

Medical attention on board ship

1:50pm February 10, 2017 By: Atty. Dennis R. Gorecho           The experience of a Korean seafarer posted by Humans at Sea  focused on inaction of the owner after he suffered an accident while on board the vessel during the effectivity of his employment contract. The owner refused to send him to a doctor despite

NCMB Directory Retooled Accredited Voluntary Arbitrators

Republic of the Philippines Department of Labor and Employment National Conciliation and Mediation Board Regional Conciliation and Mediation Branch – NRC Directory – Retooled Accredited Voluntary Arbitrators as of March 2016 Philippine Association of Voluntary Arbitrators, Inc. Philippine Association of Maritime Voluntary Arbitrators, Inc.

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