Seafarers and Hernia

By ATTY. DENNIS R. GORECHO |May 14,2019 - 06:57 AM

Hernia is considered as one of the common seafarer’s illness as lifting heavy weight is  a normal part of daily routine on board the vessel.

A five-year study by Dr Nicomedes Cruz, a Manila-based surgeon, of the causes of medical repatriation among Filipino seafarers revealed that inguinal hernia ranked fifth as the most common illness out of the 5,315 seafarers studied.

Hernia  occurs when the intestines push through a weak spot or tear in the lower abdominal wall, often in the inguinal canal. The inguinal canal is found in the groin. In men, it’s the area where the spermatic cord passes from the abdomen to the scrotum. This cord holds up the testicles. In women, the inguinal canal contains a ligament that helps hold the uterus in place.

Hernias are caused by a combination of muscle weakness and strain. Depending on its cause, a hernia can develop quickly or over a long period of time.

Serious  complications from a hernia can result from the trapping of tissues in the hernia — a process called incarceration. Trapped or incarcerated tissues may have their blood supply cut off, leading to damage or death of the tissue, which could result in a dangerous infection or even death

The POEA contract governs the compensation and benefits for the work-related injury or illness that a seafarer on board sea-going vessels may have suffered during the term of his employment contract.

The seafarer is required to prove that: (1) he suffered an illness; (2) he suffered this illness during the term of his employment contract; (3) he complied with the procedures prescribed under Section 20-B; (4) his illness is one of the enumerated occupational disease or that his illness or injury is otherwise work-related; and (5) he complied with the four conditions under the contract.

A seafarer’s hernia will be compensable if  all of  the following conditions are met: (a) the hernia should be of recent origin; (b). Its appearance was accompanied by pain, discoloration and evidence of a tearing of the tissues; and (c.) the disease was immediately preceded by undue or severe strain arising out of and in the course of employment; and (d) a protrusion of mass should appear in the area immediately following the alleged strain.

Since one of the requirement for an illness to be compensable is that the seafarer suffered said illness during the effectivity of the POEA contract, it is imperative that his condition or symptoms must be documented while he is on board the vessel. Otherwise, his claim for disability benefits might be denied due to failure to prove that said illness occurred while his contract is still in force.

A hernia may be the cause of discomfort and pain, with symptoms often becoming worse when standing, straining, or lifting heavy items. Symptoms include a burning or aching sensation at the bulge, pain or discomfort in the groin. Occasionally, there will be pain and swelling around the testicles when the protruding intestine descends into the scrotum accompanied by nausea, vomiting, or fever.

It is not sufficient to simply establish that the seafarer’s illness or injury 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 for which he had been contracted.

(Atty. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, emailinfo@sapalovelez.com, or call 09175025808 or 09088665786)

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