Can a seafarer be entitled to compensation for disability benefits if he finished his employment contract? This is one of the questions included in the 2022 Bar Examinations for Labor Law and Socia…
Can a seafarer be entitled to compensation for disability benefits if he finished his employment contract?
In April 2022, he felt excruciating pain in his groin. He went to a doctor and was diagnosed with acute hernia. The doctor also determined that the hernia was caused by repeated heavy lifting because of his work as an oiler. Entitlement of seafarers to disability benefits is a matter governed, not only by medical findings but by law and by contract.
As a general rule, the seafarer’s condition or symptoms must be documented while he is on board the vessel since one of the requirements for an illness to be compensable is that the seafarer suffered said illness during the effectivity of the POEA contract. The Court noted that In instances where the illness manifests itself or is discovered after the term of the seafarer’s contract, the illness may either be an occupational illness listed under Section 32-A of the POEA contract, in which case, it is categorized as a work-related illness if it complies with the conditions stated in Section 32-A, or an illness not listed as an occupational illness under Section 32-A but is reasonably linked to the work of the seafarer.
This requirement, whether to undergo a post-employment medical examination or report the seafarer’s physical incapacity, must be strictly observed so that the company-designated physician to identify whether the illness or injury was contracted during the term of the seafarer’s employment or that his working conditions increased the risk of contracting the ailment.
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