Timely Medical Examinations are Crucial for Seafarers Seeking Disability Compensation

OSG Shipmanagement Manila, Inc., et al. v. De Jesus, G.R. No. 207344, November 18, 2020

Imagine being a Filipino seafarer, far from home, battling health issues that you believe stem from your work on the high seas. You return to the Philippines, hoping for compensation and support, only to find your claim denied due to procedural missteps. This is the reality faced by Victorio B. De Jesus, whose case against OSG Shipmanagement Manila, Inc. and others underscores the critical importance of adhering to the rules governing disability claims for seafarers.

In the case of OSG Shipmanagement Manila, Inc., et al. v. De Jesus, the Supreme Court of the Philippines ruled on the necessity of timely medical examinations for seafarers seeking disability benefits. Victorio B. De Jesus, a seafarer, claimed he developed several illnesses while working on the M/T OVERSEAS ANDROMAR as a Second Cook. Despite his ailments, his claim for disability compensation was denied due to his failure to undergo a mandatory post-employment medical examination within three days of repatriation.

Understanding the Legal Framework for Seafarers’ Disability Claims

The legal framework governing seafarers’ disability claims in the Philippines is primarily outlined in the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC). This contract stipulates that for an illness or injury to be compensable, it must be work-related and occur during the term of the seafarer’s employment.

Section 20(B) of the 2000 POEA-SEC states that seafarers must be compensated for permanent total or partial disability caused by work-related injury or illness. However, to claim these benefits, seafarers must comply with specific procedures, including undergoing a post-employment medical examination within three working days of their return to the Philippines.

This three-day rule is crucial as it allows the company-designated physician to assess whether the seafarer’s condition is indeed work-related. The rule aims to prevent false claims by ensuring that the medical evaluation occurs close to the time of repatriation, making it easier to link the illness to the employment.

In everyday terms, this means that if a seafarer returns home and feels unwell, they must promptly report to the designated medical facility. Failure to do so could result in the forfeiture of their right to claim benefits, even if their illness is genuinely connected to their work.

The Journey of Victorio B. De Jesus: A Case Study in Compliance

Victorio B. De Jesus was hired by OSG Shipmanagement Manila, Inc. to work as a Second Cook on the M/T OVERSEAS ANDROMAR. Shortly after boarding, he noticed issues with the drinking water and began experiencing health problems, including body pain and nausea. Despite these issues, he completed his contract and was repatriated, not for medical reasons, but because his contract had ended.

Upon his return to the Philippines, De Jesus did not undergo the required post-employment medical examination within three days. He claimed that the company refused to examine him due to the absence of a master’s medical pass. However, he did not provide evidence to support this claim. Instead, he sought treatment from his personal doctor and later underwent surgery to remove one of his kidneys.

De Jesus filed a complaint for disability compensation, but his claim was dismissed by the Labor Arbiter and the National Labor Relations Commission (NLRC). The Court of Appeals (CA) initially reversed this decision, awarding De Jesus disability benefits. However, the Supreme Court ultimately sided with the petitioners, citing De Jesus’s non-compliance with the three-day mandatory reporting requirement.

The Supreme Court emphasized the importance of this rule, stating, “The purpose of this three-day mandatory reporting requirement is to allow the employer’s doctors a reasonable opportunity to assess the seafarer’s medical condition in order to determine whether his illness is work-related or not.” They further noted that De Jesus’s failure to comply with this requirement was fatal to his claim, as it prevented the company from verifying the work-relatedness of his condition.

The procedural steps in this case were as follows:

• De Jesus filed a complaint with the Labor Arbiter, who dismissed it due to lack of merit.
• He appealed to the NLRC, which affirmed the dismissal.
• De Jesus then filed a petition for certiorari with the CA, which reversed the NLRC’s decision and awarded him benefits.
• The petitioners appealed to the Supreme Court, which reviewed the case and ultimately set aside the CA’s decision, reinstating the NLRC’s dismissal.

Practical Implications and Key Lessons for Seafarers

The ruling in De Jesus’s case highlights the importance of strict compliance with the procedural requirements for disability claims. Seafarers must understand that failure to adhere to these rules can result in the forfeiture of their right to compensation, even if their illness is work-related.

For seafarers, this means:

• Reporting to the company-designated physician within three working days of repatriation is non-negotiable.
• Keeping documentation, such as a master’s medical pass, is crucial to support their claims.
• Seeking immediate medical attention upon noticing health issues while on board can strengthen their case.

Key Lessons:

• Understand and comply with the POEA-SEC requirements for disability claims.
• Document all interactions with the employer and medical professionals.
• Seek legal advice if unsure about the process or if facing difficulties with the employer.

Frequently Asked Questions

What is the three-day rule for seafarers?

The three-day rule requires seafarers to undergo a post-employment medical examination by a company-designated physician within three working days of their return to the Philippines. This is mandatory for those seeking disability benefits.

What happens if a seafarer fails to comply with the three-day rule?

Failure to comply with the three-day rule can result in the forfeiture of the seafarer’s right to claim disability benefits, as seen in the De Jesus case.

Can a seafarer claim disability benefits if their illness is not listed in the POEA-SEC?

Yes, but they must prove that the illness is work-related and occurred during their employment. The burden of proof lies with the seafarer.

What should a seafarer do if the company refuses to provide a medical examination upon repatriation?

The seafarer should document the refusal and seek legal advice immediately. They should also try to undergo a medical examination by another qualified doctor and keep records of all medical findings.

How can seafarers ensure they meet the requirements for disability claims?

Seafarers should familiarize themselves with the POEA-SEC, keep all medical records, and report any health issues promptly to the company-designated physician upon repatriation.

What are the potential consequences of not reporting health issues during employment?

Not reporting health issues during employment can weaken a seafarer’s claim for disability benefits, as it may be harder to establish a connection between the illness and their work.

ASG Law specializes in maritime law and labor disputes. Contact us or email hello@asglawpartners.com to schedule a consultation and ensure your rights as a seafarer are protected.