A seafarer’s working circumstances on board the vessel, together with his dietary provisions, can irritate or enhance the chance of contracting illnesses like kidney ailments.
In Caraan vs Grieg Philippines, Inc. (G.R. No. 252199 Might 5, 2021), the Supreme Court docket granted whole everlasting incapacity advantages to a seafarer recognized with kidney most cancers because it recognized his dietary provisions as one of many causes of mentioned sickness.
The seafarer has labored with the principal for eight years. Throughout his final contract, he skilled ache whereas urinating and discharged blood in his urine.
Upon reaching a handy port in Japan, he was given medical consideration the place he was initially recognized with urinary tract an infection (UTI) and power prostatitis.
He was declared unfit to work and bought medically repatriated. Upon his arrival in Manila, the manning company didn’t fetch him on the airport so he simply went straight dwelling to Bataan.
Months later, he was recognized with hypertension and renal cell carcinoma in his left kidney.
The corporate denied legal responsibility for incapacity advantages because it argued that the sickness will not be work-related.
Corporations normally deny legal responsibility for fee of incapacity or dying advantages on questions whether or not or not the sickness is work-connected beneath the POEA Commonplace Employment Contract.
They argue that there are solely three kinds of cancers listed beneath Part 32-A as occupational ailments: most cancers of the epithelial lining of the bladder; most cancers, epithellematous or ulceration of the pores and skin or of the corneal floor of the attention; and acute myeloid leukemia and power lymphocytic leukemia.
Nonetheless, compensability will not be restricted to listed occupational ailments.
For so long as the seafarer is ready to present by substantial proof that he suffered disabilities occasioned by a disease contracted on account of or aggravated by working conditions, compensation is availing.
He should set up his proper thereto by substantial proof or “such related proof as an affordable thoughts would possibly settle for as satisfactory to assist a conclusion.
Within the prompt case, the seafarer was capable of set up by substantial proof the compensability of the sickness, its work-connectedness and that he suffered from it in the course of the time period of his contract. The employer did not adduce any proof to refute his allegations.
The Court docket dominated that the seafarer’s working circumstances on board the vessel aggravated or elevated the chance of contracting the kidney illness his kidney ailment.
As to his dietary provision, the Court docket took word of the truth that seafarers may solely eat the meals obtainable on board which consisted primarily of high-fat, high-cholesterol, low-fiber meals, salt-cured fish, and preserved meat in can.
The seafarer’s arduous nature of job entails strenuous bodily actions or exhausting guide labor for an prolonged time frame similar to: sounding of tanks; aiding in all upkeep works; lifting of heavy hundreds; cleansing of incinerators, septic tanks, and engine room utilizing sturdy cleansing options; checking the engine temperature each day, refilling of tanks of oil and lubricants; monitoring all operating motors and machineries.
It was bodily and mentally demanding particularly throughout monitoring all motors, engine, gear, and situation of the vessel.
He was instantly uncovered to all types of poisonous fumes similar to asbestos and gases, and excessive noise contained in the engine room.
His steady job precludes urination as he needed to endure the decision of nature as a result of calls for of his work. Given his 8 years of employment with the corporate and the circumstances he was subjected to as a seafarer, the Court docket dominated that the sickness will be attributed to his work.
A seafarer had no selection of what to eat on board besides these offered on the vessels and these consisted primarily of high-fat, high-cholesterol, and low-fiber meals. (Leonis Navigation v. Villamater , G.R. No. 179169 March 3, 2010 ) “Taking accountability for the well being of all human souls on their ships additionally defines the shipowners’ sense of humanity and justice. No ship sails with out a human crew”, declared the Court docket in Paringit vs. World Gateway (G.R. No. 217123, March 28, 2019). It additionally identified {that a} crew correctly nourished, adequately match, and having fun with humane working circumstances will redound to the good thing about the shipowners.
The shipowners are mandated beneath the Maritime Labour Convention 2006 (MLC2006) to make it possible for meals and ingesting water provides shall be appropriate in respect of amount, dietary worth, high quality and selection, having regard to the period and nature of the voyage, the variety of seafarers on board in addition to their spiritual necessities and cultural practices as they pertain to meals.
(Atty, Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan legislation workplaces. For feedback, e-mail [email protected], or name 09175025808 or 09088665786).
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