Company doctor’s findings not binding in seafarer’s case

Monday, January 7, 2019, 1:50 p.m. By Atty. Dennis R. Gorecho   Courts are not bound to accept, in its entirety, the company doctor’s findings despite the seafarer’s failure to initiate the referral to a third doctor. The Supreme Court said that while failure to refer the conflicting findings between the company-designated physician and the

Stowaways and seafarer’s dismissal

Monday, December 17, 2018, 9:28 p.m. By Atty. Dennis R. Gorecho   A seafarer may be dismissed in the event that he is found to be committing unauthorized acts in connivance with or cuddling of stowaways. The International Transportation Workers Federation (ITF) defines a stowaway as a person who secretly enters a ship without the

Interim disability grading in seafarer’s claims

Monday, December 10, 2018, 9:39 p.m. By Atty. Dennis R. Gorecho   The declaration for interim disability grade is merely an initial determination of a seafarer’s condition for the time being and cannot be considered as a definite prognosis. Without a valid final and definitive assessment from the company-designated physician within the 120/240-day period, the law

Seafarer’s death after medical repatriation

Monday, November 5, 2018, 8:45 p.m. By Atty. Dennis R. Gorecho   Heirs of a deceased seafarer cannot be denied of death benefits even if he dies after his medical repatriation as long as its cause (the work-related injury or illness)  had occurred during the term of his employment. Under the  POEA approved employment contract,

Osteoarthritis as a compensable seafarer’s illness

Monday, October 29, 2018, 3:37 p.m. By Atty. Dennis R. Gorecho   Degenerative changes of the spine, also known as osteoarthritis, is considered as a work-related.   due to the seafarer’s performance of tasks that clearly involved unduly heavy physical labor and joint strain. A job of a seafarer is not exactly a walk in the park. 

The Magna Carta for Filipino Seafarers

Monday, October 15, 2018, 11:55 a.m. By Atty. Dennis Gorecho   Stakeholders has been campaigning for the passage of the Magna Carta for Filipino seafarers given the fact that the Philippines is considered as one of the major suppliers of maritime labor globally. The first version of the Magna Carta for Filipino Seafarers was the by-product

Termination due vessel sale or change of principal

Monday, September 3, 2018, 10:01 p.m. By Atty. Dennis R. Gorecho   The seafarer is entitled to receive his basic wage until the date of joining another vessel in the event of vessel sale or change of principal and he opted to complete his contract by joining another vessel of the same principal. The  employment of

Incompetence & inefficiency as grounds for dismissal

Monday, May 28, 2018, 10:52 p.m. By Atty. Dennis R. Gorecho   Where a penalty less punitive would suffice,  whatever missteps may have been committed by the worker ought not to be visited with a consequence so severe such as dismissal from employment Poor or unsatisfactory performance of an employee does not necessarily mean that

Paralegal Lectures on Seafarers’ Rights

Discussion on  legal matters on seafarers’ rights through the combined forces of Sapalo Velez Bundang Bulilan (SVBB) law offices, Luneta Seafarers Welfare Foundation (LUSWELF) and Bantay OCW Radio Inquirer . Regular weekly paralegal lecture at LUSWELF and Usapang Marino on Radyo Inquirer every Wednesday. 10:30 a.m. to 12:00noon DZIQ 990AM. http// Paralegal Lecture of Seafarers’

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

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