Post-contract death and medical records on board the vessel 

ATTY. DENNIS R. GORECHO 01/30/2019

  A seafarer’s  illness which caused his post-repatriation death must be properly  documented  during the term of his contract in relation to death compensation benefits. As a general rule, the death of the seafarer  should occur during the effectivity of…

Seafarer’s stress and stroke

ATTY. DENNIS R. GORECHO 01/23/2019

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…

Seafarer’s repatriation on compassionate grounds

ATTY. DENNIS R. GORECHO 01/16/2019

 As a general rule, the employment of the seafarer shall cease when the he  completes his period of contractual service aboard the ship, signs-off from the ship and arrives at the point of hire. Similarly, a seafarer’s…

Aurora and the maritime tragedies in the Philippines

ATTY. DENNIS GORECHO 12/30/2018

The film Aurora won as 2nd best picture, best cinematography, best in visual effects, best sound, best child performer for Phoebe Villamor in the 2018 Metro Manila Film Festival. Anne Curtis is cast as Leana, a young…

Stowaways and seafarer’s dismissal

ATTY. DENNIS GORECHO 12/17/2018

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…

Interim disability grading in seafarer’s claims

ATTY. DENNIS GORECHO 12/10/2018

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…

-Gambling as a ground for dismissal

ATTY. DENNIS GORECHO 12/03/2018

Gambling is one of the twenty one (21) offenses which are considered valid grounds for dismissal under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), which covers any of the following acts: a. gambling which results in…

Illegal withholding of seafarer’s travel documents

ATTY. DENNIS GORECHO 11/19/2018

Manning agencies and foreign principals and employers can be held criminally liable for illegally withholding seafarers’ travel documents. In many instances of non-deployment, many seafarers complain of withholding of travel documents like the passport and Seafarer’s Identification…

The misplaced ‘balancing of interest’ in the Seafarers’ Magna Carta

ATTY. DENNIS GORECHO 11/12/2018

The manning agencies are throwing off-balance the already imbalanced legal battle on seafarers claims in connection with the proposed Magna Carta for Filipino Seafarers. They consistently used the phrase “balancing the interest of the seafarer and the…

Seafarer’s death after medical repatriation

ATTY. DENNIS GORECHO 11/05/2018

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.…

Osteoarthritis as a compensable seafarer’s illness

ATTY. DENNIS R. GORECHO 10/29/2018

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…

of the third doctor referral in seafarer’s cases

ATTY. DENNIS GORECHO 10/22/2018

The POEA contract does not require a specific period within which the parties in a case involving a seafarer’s disability claims may seek the opinion of a third doctor. They may do so even during the mandatory…

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