Permanently disability and  Seafarer’s Record Book/ Identity Document 

By: ATTY. DENNIS R. GORECHO July 23,2019 - 06:53 AM

The issuance or renewal of the Seafarer’s Record Book (SRB) and Seafarer’s Identity Document (SID) is now dependent on medical fitness of a seafarer, specifically concerning permanently disabled seafarers.

The Maritime Industry Authority (MARINA)  released Memorandum Circular No.MD-2019-01 Series of 2019 to enhance the security features of the Filipino SID and ensure its global interoperability and reliability. It also meant to enhance existing system and streamline the processes and requirements in the issuance of SRB. 

The SRB (formerly known as SlRB) refers to a document issued by MARINA to all Filipino seafarers and cadets/cadettes that serves as record of sea service of the holder on board ships of 35GT and above for commercial vessel and 50GT and above for fishing vessel .

The SID, on the other hand,  refers to an International  Identity Document under ILO Convention 185  used to obtain proof of the bearer’s eligibility for visa waiver  and to identify them as genuine seafarers who may be entitled to transit with their passport at ports and border crossings, and to shore leave without a visa.

Under the said Under the circular, seafarers who  have  been  declared  by  a competent medical practitioner to be permanently disabled to board ship and who have been paid by the insurance for such disability shall no longer be allowed to renew or be issued SRBA and SID.

In case that after such declaration of permanent disability, the SRBA and SID is still valid the same shall be deemed automatically revoked.

Prior to its effectivity last January 2019, the MARINA does not consider the medical fitness of a seafarer in processing of SRB/SID, specifically for those declared  permanently disabled. It merely mandates the submission of the certain documents such as the old SRB/SID, birth certificate, marriage contract (for married woman),  valid NBI clearance, certificate of completion for Basic Training (BT) and  transcript of records (TOR) or completed academic requirements (CAR) for maritime courses (as applicable)

Such directive perhaps was issued in light of the several cases filed by seafarers for claims for disability compensation.

A seafarer’s disability becomes permanent and total when so declared by the company-designated physician or  in case of absence of such a declaration either of fitness or permanent total disability, upon the lapse of the 120 or 240-day treatment period while the seafarer’s disability continues and he is unable to engage in gainful employment during such period, and the company-designated physician fails to arrive at a definite assessment of the seafarer’s fitness or disability.

Companies usually argue that under the POEA contract, only those seafarers that are classified under Grade 1 disabilities are considered to have suffered total and permanent disability and therefore entitled to US$60,000.00 as disability benefits.

However, the POEA contract is not really reflective of the benefits that should be given to the seafarer based on the grading system. There are medical conditions that are classified as partial disability (between Grade 2 to 14) but in essence should have been considered as total permanent (Grade 1).

Total disability does not require that the employee be completely disabled, or totally paralyzed, as what is necessary is that the injury must be such that the seafarer cannot pursue his or her usual work and earn from it. (Fil-Star Maritime Corp., vs. Rosete, G.R. No. 192686, November 23, 2011)

Permanent disability is the inability of the worker to perform his job , regardless of whether or not he loses the use of any part of his body. (Philimare, Inc..,  vs. Suganob, G.R. No. 168753, July 9, 2008)

Companies cannot deny the fact that a seafarer suffering from some medical conditions will be considered more of a liability than an asset if he is allowed to go on board the vessel. He would no longer be able to perform strenuous activities such as the rigorous duties of a seafarer.

The SRB shall be valid for ten (10) years and SID shall be valid for five (5) years . SRBs issued to cadets/cadettes  below 18 years of  age  shall be for shipboard training purposes only, with validity of three (3) years.

The rules cover all Filipino seafarers, 18 years of age and engaged in any capacity on board ships 35GT and above.  Filipino cadet/cadettes below 18 years of age may also be issued SID and SRB for shipboard training purposes only.

Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, email [email protected], or call 09175025808 or 09088665786).

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TAGS: CDN Digital opinion, columnist Dennis Gorecho, Pinoy Marino Rights

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