Unconstitutionality of escrow provision in the Magna Carta

Monday, January 14, 2019, 3:20 p.m. By Atty. Dennis R. Gorecho   The escrow provision in the proposed Magna Carta for Filipino seafarers violates the constitutional guarantee on equal protection. The Joint  Manning Group is pushing for the inclusion of an escrow provision which is a mere dilatory tactic in the execution of the seafarers’ monetary awards.

Stroke and seafarer’s stress

Monday, January 14, 2019, 3:18 p.m. By Atty. Dennis R. Gorecho A seafarer who suffered stroke on board the vessel must be compensated due to work-related stress.  In the case of  Magsaysay Mitsui OSK Marine, Inc, v. Bengson (G.R. No. 198528, October 13, 2014) disregarded the employer’s claim that the seafarer’s hypertensive cardio-vascular disease is not compensable on

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

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

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

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