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Seafarer's refusal of medical treatment is not disqualification on disability benefits • Atty. Dennis Gorecho

A seafarer’s refusal to consent to a medical procedure does not disqualify him from availing himself of disability benefits. The Supreme Court ruled in Roberto Rodelas, Jr., v. MST Marine Services (Phils.), Inc. (GR 244423. November 04, 2020) that seafarers do not lose their right to consent to the prescribed medical procedure of the company-designated

New-york , United-states , Rodel-cruz , Roberto-rodelas-jr , Marine-services-phils-inc , Society-of-new-york-hospital , National-conciliation , Us-supreme-court-justice-benjamin-cardozo , Magsaysay-maritime-corp , Supreme-court , Roberto-rodelas , Mediation-board

US, Saudi companies may hire Filipino workers displaced by Sudan conflict

US, Saudi companies may hire Filipino workers displaced by Sudan conflict
bworldonline.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from bworldonline.com Daily Mail and Mail on Sunday newspapers.

Philippines , Manila , United-states , Sudan , Saudi-arabia , Riyadh , Ar-riya- , Egypt , Filipinos , Kingdom-of-saudi-arabia , Filipino , Kyle-aristopheret-atienza

American, Saudi firms may hire displaced OFWs â€" Ople

Some American and Saudi Arabian firms are willing to look at the credentials of Filipinos affected by the conflict in Sudan for possible employment, the Department of Migrant Workers (DMW) said yesterday.

Philippines , Sudan , Cairo , Al-qahirah , Egypt , Saudi-arabia , United-states , Washington , Saudi-arabian , Filipino , American , Filipinos

American, Saudi firms may hire displaced OFWs â€" Ople

Some American and Saudi Arabian firms are willing to look at the credentials of Filipinos affected by the conflict in Sudan for possible employment, the Department of Migrant Workers (DMW) said yesterday.

Philippines , Sudan , Cairo , Al-qahirah , Egypt , Saudi-arabia , Washington , United-states , Sudanese , Filipinos , Saudi-arabian , Filipino

American, Saudi firms may hire displaced OFWs â€" Ople

Some American and Saudi Arabian firms are willing to look at the credentials of Filipinos affected by the conflict in Sudan for possible employment, the Department of Migrant Workers (DMW) said yesterday.

Philippines , Sudan , Cairo , Al-qahirah , Egypt , Washington , United-states , Saudi-arabia , Saudi-arabian , Filipinos , Filipino , American

CA turns down seafarer's disability claim over 'mental illness'

MANILA - The Court of Appeals (CA) has denied an appeal filed by a seafarer in seeking compensation for a mental disorder that he claims to have acquired while working for a shipping company. In its resolution written by Associate Justice Ramon A. Cruz and dated February 21, the court upheld its Dec. 27, 2019 decision which in turn upheld the National Labor Relations Commission (NLRC) ruling dismissing the case filed by Jeffrey Diaz Valdez against Magsaysay Maritime Corp. and Princess Cruise Lines. The CA said Valdez "failed to discharge his burden of presenting substantial evidence" and that such failure "meant that his claim for disability compensation was groundless". Valdez was hired as a ship security guard for a contract for less than a year in 2017 and was assigned to the Grand Princess cruise ship. In October 2017, he filed a complaint before the company's Human Resources Department about his fellow workers claiming he was being ill-treated. By November 2017, he was disembarked in Hawaii and subsequently repatriated to the Philippines. Back in the country, he was diagnosed by a company physician with schizophreniform disorder. In 2019, he was diagnosed at the National Center for Mental Health as having "bipolar affective disorder current episode depressed with psychosis". Convinced that he acquired the condition while employed, he sued the company but the NLRC instead ruled to dismiss the suit. In claiming for damages, Valdez said the company doctor's explanation that the disability is not work-related is not sufficient and that schizophreniform disorder is not found in the Philippine Overseas Employment Administration's (POEA) list of occupational diseases, it does not automatically preclude it from being compensable. Ruling against him, the CA said "while it is true that there is a disputable presumption that his illness is work-related, Valdez cannot simply rely on such presumption." "He should have adduced substantial evidence that his work conditions caused, or at the least increased the risk of contracting his illness. For example, he could have elaborated on the nature of his work and its connection to his illness. Simply stated, substantial evidence must be presented by the petitioner," the appellate court said. (PNA) }

Manila , Philippines , Philippine , Benguet , Hawaii , United-states , Justice-ramona-cruz , Jeffrey-diaz-valdez , National-labor-relations-commission , Philippine-overseas-employment-administration , National-center , Mental-health

CA affirms grant of disability benefits to seafarer

MANILA - The Court of Appeals (CA) has affirmed the grant of US$60,000 (around PHP3 million) in full permanent and total disability benefits to a Filipino seafarer who was found to have been no longer fit for work by his company's doctors following a medical condition in 2018. In its 12-page decision dated December 29 and recently made available, the CA's Ninth Division affirmed the arbitrator's judgment dated November 4, 2020, in favor of seafarer Artemio G. Oberes Jr., and said parties may request a third opinion from a physician in such cases. Among other things, the CA said Oberes' employer Magsaysay Maritime Corp. (MMC) failed to refer his case to a third doctor despite a request from Oberes and said the assessment of the company-designated physician is not binding. The CA noted that the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) does not require a specific period within which the parties may seek the opinion of a third doctor, and they may do so even during the mandatory conference before the labor tribunals. "Accordingly, upon being notified of Oberes' intent to dispute the company doctor's findings, the burden to refer the case to a third doctor has shifted to MMC. This the company failed to do so, and Oberes can no longer be faulted for the non-referral. Consequently, the company-designated doctors' assessment of Oberes' disability is not binding," the court said. In January 2018, Oberes suffered multiple joint pain and was disembarked and admitted to a medical facility in Panama and he was eventually medically repatriated back to the country where he was diagnosed with seronegative rheumatoid arthritis. On August 28, 2018, he underwent medical examination where he was found by doctors to be unfit to work as a seafarer given his condition. In November of that year, Oberes sought a grievance meeting regarding the payment of his disability benefits and the possibility of referring him to a third doctor for an independent medical assessment. He then sued to be granted full disability benefits claiming his disability is work-related. (PNA) }

Manila , Philippines , Philippine , Benguet , Panama , Filipino , Artemiog-oberes-jr , Philippine-overseas-employment-administration-standard-contract , Magsaysay-maritime-corp , Magsaysay-maritime , Manila-the-court-of-appeals-ca-has-affirmed-grant-us-60

Villanueva presses vaccination of all workers

Villanueva presses vaccination of all workers
mb.com.ph - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mb.com.ph Daily Mail and Mail on Sunday newspapers.

Philippines , Filipino , Public-employment-service-office , San-miguel-corp , Senate-committee-on-labor , Magsaysay-maritime-corp , Department-of-labor , Senator-joel-villanueva , Local-government-units , Senate-committee , San-miguel

Press Release - Villanueva rallies public employment managers: Jabs, jobs go together

Press Release - Villanueva rallies public employment managers: Jabs, jobs go together
senate.gov.ph - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from senate.gov.ph Daily Mail and Mail on Sunday newspapers.

Philippines , Filipinos , Filipino , Joel-villanueva , Public-employment-service-office , San-miguel-corp , Magsaysay-maritime-corp , Department-of-labor , Local-government-units , San-miguel , Magsaysay-maritime , First-time-jobseekers-assistance

Almirante: Compensability of seafarer's injury

Almirante: Compensability of seafarer's injury
sunstar.com.ph - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from sunstar.com.ph Daily Mail and Mail on Sunday newspapers.

Manila , Philippines , Iloilo , Iloilo-city , Philippine , Benguet , Panama , Singapore , Johna-oscares , Luzon-stevedoring-corp , Specialist-clinic-inc