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…

Escrow deposits in seafarer’s cases

ATTY. DENNIS GORECHO 07/02/2018

In terms of labor litigation, “escrow deposit ” plays a significant role in a seafarer’s favorable decision in his monetary claims for disability and death benefits, illegal dismissal awards as well as unpaid or underpayment of salaries…

Noise and seafarer’s hearing loss

ATTY. DENNIS GORECHO 06/25/2018

Noise is a major health hazard to seafarers. It causes hearing loss over years of being exposed to various sources like large diesel engines, turbines, cargo cranes, and other equipment. Hearing loss caused by noise exposure is…

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