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

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

Flow of Seafarers’ Labor cases

4:16 am Monday, February 6, 2017 By: Atty. Dennis R. Gorecho A job of a seafarer is not exactly a walk in the park. Seafarers working for companies for a long period of time are normally saddled with heavy responsibilities relative to the navigation of the vessel, ship safety, and management of emergencies. A seafarer can be


12:43 am Tuesday, January 31, 2017 By: Atty. Dennis R. Gorecho A job of a seafarer is not exactly a walk in the park. One with a heart condition is “a walking time bomb ready to explode towards the end of his employment days.” Cardiovascular disease (CVD) is a term to describe conditions of the

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

Three separate and distinct benefits of a medically repatriated seafarer

The Filipino  seafarer is entitled to medical treatment at cost to the employer apart from disability benefits and sickness allowance. Away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, the Filpino seafarer is physically, mentally and emotionally stressed. Constantly exposed to fluctuating temperatures caused by variant weather changes

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.

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)

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