Facts Recommendation Question/Answer/Jurisprudence

Diabetes and - Recommend that - Kindly give us a third doctor's

Hypertension the client should opinion.
with regards to accept the $10,000 - Kindly ask the client if he can
his entitlement USD offer of the OP give us all of the medical
of full disability Shipping. assessment given to him in its
benefits. complete form.

 Will you be able to provide

us a third medical opinion?
And if you are able to
provide us all the medical
assessment done to you?
 Will you be able to provide
your medical history
record that shows that you
are free from diabetes and
hypertension prior
working for the company?
 Will you be able to provide
the medical statements
given to you by your
private doctor and the
company doctor that gave
you the fit to work status?
 Will you be able to provide
your employment contract
and what kind of work are
you doing for the
company ?

Legal Basis:

BW Shipping Philippines v.
Mario H. Ong: Jurisprudence
provides that the entitlement of
an overseas seafarer to disability
benefits is a matter governed by
medical finding but also by law
and contract.

POEA-SEC and the employment

contract of the client. That for
them to be entitled to
compensation, the client must
prove the existence of two
conditions set forth under Sec.
20 The injury or illness must be
work-related and second it must
exist during the term of the
seafarer's employment contract.
- The client must be - Kindly provide us your day to
able to provide us day responsibility in the vessel?
further information - Kindly provide us the
with regards to the information with regards to the
PEME, copy of the PEME examination.
employment - Information with regards to his
contract, copies of employment contract.
medical transcripts - Information with regards to his
or findings to him medical findings and all of his
by both the private medical history
physician and the - OP Shipping physician and
OP Shipping private physician findings.
Physician. - Third opinion of a doctor that
is approved by both parties.
- The client must
undergo to a third  Will you be able to provide
medical screening the records that show that
that were both you acquired the illnesses
approved by him that you have stated
and the OP namely diabetes and
Shipping so that he hypertension during the
can acquire a course of your tenure in
conclusive medical the OP Shipping vessel?
report with regards  May you be able to provide
to his illness. the findings given to you
by the private doctor and
the OP shipping line
physician that you are fit to
work and that you should
have stopped working for 1
year until you are fully
healed with regards to your
illness?
 Will you be able to provide
photographs of your work
environment during your
stay in the OP shipping
vessel or your workplace
per se?

Legal Basis:

Sec. 32-A (POEA-SEC):

This section provides the non-

exhaustive list of the diseases
considered as occupational. That
its mere occurrence of a listed
illness does not automatically
state the compensability of such
illness. The first paragraph of
Sec. 32-A requires that the
satisfaction of all the listed
general conditions for an
occupational disease and the
resulting disability or death to be
 compensable.

Requisites:

Seafarer's work must involve the

risks

- Disease was contracted as a

result of the exposure to the
risks.
- Disease was contracted within
the period of exposure and other
factors necessary to contract it
- There was no notorious
negligence on the part of the
seafarer.

It must be noted that the disease

must be work-related and there
must be reasonable linkage
between the disease suffered by
the employee and his work.
- The client should All of the above questions and
pursue the action if legal basis should be in line with
and only if the this recommendation.
information and
factors are all in his
favor.