TOO HEAVY FOR

THE SPINE
A Case Study on Partial and Full Disability Claim
INTRODUCTION
Shipboard working environment always comes with high
risks, and seafarers are on the forefront of facing these risks
on their everyday lives.
Safety is always the priority of everyone on board and
personal safety is the top consideration.
However, accidents still happen despite rigorous risk
assessments and safety precautions and training.
WHAT HAPPENED?
 AB XXX suffered an injury on board (September 2018)
 After lifting a heavy object, he felt pain on his lower back
and wasn’t able to move.
 Sent to hospital.
 NO spinal injury found in X-ray.
 Given pain relievers and advised to rest.
NEXT…
 AB XXX continued to suffer severe pain.
 AB XXX requested to be repatriated.
 He was repatriated (January 2019) and underwent medical
examination.
 CT Scan showed a slipped disc on his lumbar spine.
THEN…
 Company shouldered his medication and therapy.
 Continued for seven months.
 Doctor advised that therapy will only restore less than 70%
of the spinal capacity.
 Advised for surgery.
 Company declined to bear cost anymore and offered
compensation (USD15,000).
THE PROBLEM
 AB XXX filed a case against the company for stopping his
medication and refusing to bear cost of surgery.
 Filed to claim higher grade partial to full disability.
 Company refused to provide copy of CBA.
NOW…
 Case filed in NLRC
 Hearing pending
LET’S DISCUSS…