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…
Monday, June 11, 2018, 2:47 a.m. By Atty. Dennis Gorecho To be entitled to compensation and benefits, it is not sufficient to simply establish that the seafarer’s pneumonia has rendered him permanently or partially disabled; it must also be shown that there is a causal connection between the seafarer’s illness or injury and the work…
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…
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…
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…
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…
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…
12:36 am Tuesday, July 11, 2017 By: Atty. Dennis R. Gorecho The number of days under medication is a significant element in determining the disability benefits of a seafarer who was a medically repatriated. The seafarer’s standard employment contract of the Philippine Overseas Employment Administration (POEA) enumerates under Section 20(A) (3) the three classes of benefits the…
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…
3:12 am Friday, June 16, 2017 By: Atty. Dennis R. Gorecho Seafaring is a job with an inherently stressful environment. As the technical and specialized nature of the maritime industry requires constant alertness and intense concentration from its workers, sleeping on post while on duty can be detrimental, which may even lead to a maritime disaster. The Supreme…