Seafarers’ claims to be delayed by placing awards in Escrow

ATTY. DENNIS GORECHO 11/26/2018

Manning agencies are pushing for the inclusion of an escrow provision in the proposed Magna Carta which is a mere dilatory tactic in the execution of the seafarers’ monetary awards. The provision in essence aimed to amend…

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…

The Magna Carta for Filipino seafarers

ATTY. DENNIS GORECHO 10/15/2018

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 supplier of maritime labor globally. The first version of the…

Compensability of a seafarer’s pre-existing illness

ATTY. DENNIS GORECHO 09/18/2018

A pre-existing illness, or an ailment that was contracted prior to his employment, will not deprive a seafarer of compensation benefits as long as it is diagnosed during the effectivity of his recent contract. The Supreme Court…

Seafarer’s loans and prohibited recruitment acts

ATTY. DENNIS GORECHO 09/10/2018

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…

Quitclaims in seafarer’s claims

ATTY. DENNIS GORECHO 07/30/2018

Necessitous men are not, truly speaking, free men, especially in relation to quitclaims, waivers, or releases. When a seafarer sustains injury, illness or lose his life, his employer does not hesitate to harness its immense resources to…

Insubordinaton and seafarer’s dismissal

ATTY. DENNIS GORECHO 07/23/2018

Many seafarers tend to be blind followers on board the vessel for fear of early repatriation using insubordination as an alleged ground for contract termination. Insubordination is one of the twenty one (21) offenses which are considered…

Sickness allowance of seafarers

ATTY. DENNIS GORECHO 07/09/2018

A medically repatriated seafarer would normally result in depriving him of compensation income due to his inability to perform his sea duties. Away from his family and working on board vessels sailing non-stop for weeks or months…

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