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

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

Insanity and Suicide

4:12 am Thursday, July 27, 2017 By: Atty. Dennis R. Gorecho Homesickness and/or family problems may result to depression, but the same does not necessarily equate to mental disorder that will  enable the heirs to be entitled   to death benefits for a seafarer who allegedly committed suicide. This was the ruling of the Supreme Court

Gambling as a ground for dismissal

5:19 am Tuesday, July 25, 2017 Atty. Dennis R. Gorecho Gambling is one of the twenty one (21) offenses which are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which covers any of the following acts: gambling which results in fighting or any incident as to upset the harmonious relationship

Insubordination as a ground for dismissal

4:13 am Monday, July 3, 2017 By: Dennis R. Gorecho Insubordination is one of the twenty one (21) offenses which are considered valid grounds for dismissal under the Philippine Overseas Employment Administration- Standard Employment Contract (POEA-SEC), which covers any of the following acts: any act of disobedience to  lawful orders of a superior officer; attempting to assault a superior officer;

Pre -Employment Medical Examination (PEME) rules

3:05 am Monday, June 19, 2017 By: Atty. Dennis R. Gorecho In some instances, seafarers are made to pay the expenses for the  Pre -Employment Medical Examination (PEME) once he failed the exam or his deployment did not push through. POEA rules states  that seafarer  applicant  shall be required  to undergo medical/health examination with a

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