Seafarer’s loans and prohibited recruitment acts

Sunday, September 9, 2018, 11:23 p.m. By Atty. Dennis R. Gorecho Despite the perceived high income they receive, it becomes difficult for some Filipino seafarers to make the earnings last for the period of vacation and examinations, which in recent times can be inordinately long. Not all seafarers have the privilege of getting redeployed immediately after

Extension of the seafarer’s contract

Tuesday, August 7, 2018, 12:03 a.m. By Atty. Dennis R. Gorecho Seafarers are considered contractual employees. Their employment is governed by the Standard Employment Contract (SEC) they sign and duly approved by the Philippine Overseas Employment Administration (POEA) every time they are rehired and their employment is terminated when the contract expires. Their employment is contractually fixed for

Leukemia as an occupational illness

Tuesday, July 17, 2018, 2:18 a.m. By Atty. Dennis R. Gorecho For a disability claim to prosper, a seafarer suffering from leukemia only needs to show that his work and contracted illness have a reasonable linkage that must lead a rational mind to conclude that the seafarer’s occupation may have contributed or aggravated the disease.

Noise and Seafarer’s hearing loss

Friday, June 22, 2018, 6:46 a.m. By Atty. Dennis R. Gorecho     Noise is a major health hazard to seafarers. It causes hearing loss over years of being exposed from various sources like large diesel engines, turbines, cargo cranes, and other equipment. Hearing loss caused by noise exposure is called sensorineural, a type of hearing loss

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

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

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