‘For being human, seafarers should not be penalized’ | Atty. Dennis Gorecho

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‘For being human, seafarers should not be penalized’ | Atty. Dennis Gorecho
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“Seafarers’ claims for disability benefits should not be considered unreasonable and impelled by nothing but greed but rather, justified by their health considerations and a natural desire of every person to preserve his life. Know more:

“Seafarers’ claims for disability benefits should not be considered unreasonable and impelled by nothing but greed but rather, justified by their health considerations and a natural desire of every person to preserve his life for as long as possible. For being human, seafarers should not be penalized.” in relation to a case filed by a seafarer who suffered a heart illness while on board the vessel.

With 304 affirmative votes, the House approved the Magna Carta bill on March 6, 2022 where only four House members voted no, including Brosas, who authored one of the unconsolidated initial versions of the bill. The proceeds shall remain in escrow until such time the finality of the decision issued by the appropriate appellate court is obtained.

Described as “ambulance chasers,” they have deliberately and sweepingly depicted seafarers’ lawyers as “unscrupulous” in an attempt to deflect the real issues why cases are being filed. They criticized most lawyers who go to lengths to push seafarers to file labor cases against their foreign employers.

Brosas said she feared that seafarers, who need the money for their disability, would be held hostage by the provision, because the seafarer couldn’t get the award until legal proceedings are completed. The process in the NLRC/NCMB is tedious and long winding enough. First there is the SENA or Single-Entry Approach where the seafarer and the company will negotiate, then the filing of the case with a Labor Arbiter/Panel of Voluntary Arbitrators. Then if the seafarer wins, the company can still appeal to the NLRC Commission consisting of three Commissioners. If the Commission affirms the Labor Arbiter’s decision, the company can still file a Motion for Reconsideration.

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