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Del Rosario & Del Rosario law Offices |

Ruben T Del Rosario

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Del Rosario & Del Rosario law Offices | Philippines | 16 Jul 2014

Supreme Court denies death benefits as death suffered outside employment

A seafarer was admitted to hospital two days after repatriation and died six months later. The seafarer's heirs filed a claim for death benefits. The labour arbiter dismissed the claim as the death occurred outside the employment term and there was no evidence that working conditions had brought about the illness. The Supreme Court held that for death benefits to be compensable, death must......
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Del Rosario & Del Rosario law Offices | Philippines | 11 Jun 2014

Supreme Court upholds company doctor's fit-to-work declaration

The Supreme Court recently ruled that a seafarer was not entitled to disability benefits after the seafarer had wilfully concealed pre-existing illnesses. The court held that the failure of the pre-employment medical examination to reveal the seafarer's undisclosed hypertension could not shield him from the consequences of wilful concealment of this information.
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Del Rosario & Del Rosario law Offices | Philippines | 28 May 2014

Supreme Court denies claim as seafarer failed to observe three-day rule

The Supreme Court has denied a seafarer's claim for disability benefits as the seafarer failed to submit himself to a post-employment medical examination within three working days of his arrival in the Philippines. The seafarer admitted that he had had his medical examination more than a month after his arrival and failed to prove that he had suffered any illness during the term of his......
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Del Rosario & Del Rosario law Offices | Philippines | 30 Apr 2014

Seafarer repatriated due to expired contact not entitled to disability benefits

The Supreme Court recently denied a seafarer's claim for disability benefits. The court ruled that it was undisputed that the seafarer was repatriated due to his contract ending and not for medical reasons. The court emphasised that the seafarer's repatriation for completion of his contract belied his submission that his claimed heart disease had been aggravated by his work onboard the vessel.
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Del Rosario & Del Rosario law Offices | Philippines | 26 Mar 2014

Quitclaim upheld by Supreme Court

Following the abrupt termination of a number of seafarers due to the cessation of the employer's operations, it was agreed that the seafarers would receive 100% of their salaries, but the next day it was agreed that they would receive only 50%. The seafarers executed quitclaims. The Supreme Court considered the quitclaims valid, noting that all the seafarers executed them with a full......
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Del Rosario & Del Rosario law Offices | Philippines | 12 Mar 2014

Supreme Court rules non-referral to third doctor is cause for claim dismissal

A seafarer filed a complaint for payment of permanent total disability benefits. The Supreme Court noted that the seafarer had pre-empted the mandated procedure by filing a complaint based on his chosen physicians' opinions without referring the conflicting opinion to a third doctor for final determination, as was his duty. The Supreme Court dismissed the seafarer's complaint.
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Del Rosario & Del Rosario law Offices | Philippines | 29 Jan 2014

Supreme Court rules seafarer who abandons treatment cannot claim benefits

A seafarer was referred to the company-designated doctor, but failed to return for further examination. The seafarer filed a complaint for disability benefits and submitted a report from his personal doctor. The Supreme Court noted that the seafarer had prevented the company-designated doctor from issuing a declaration of fitness by failing to report. As a result, the findings of his personal......
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Del Rosario & Del Rosario law Offices | Philippines | 11 Dec 2013

Supreme Court finds that seafarer's psoriasis was work related

The Supreme Court recently found that a seafarer's psoriasis was work related. The court evaluated the findings of both the company doctor and the seafarer's own physician and found serious doubts over the company doctor's findings. The company doctor had concluded that the illness was not work related but had failed to consider the various factors that the seafarer could have been exposed to......
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Del Rosario & Del Rosario law Offices | Philippines | 30 Oct 2013

Supreme Court orders return of excess payment made during execution proceedings

A seafarer commenced execution proceedings following his claim for disability benefits and sick pay. In exchange for payment, the seafarer executed a document recognising that payment would not bar the company's right to file a petition, and should it succeed the seafarer would return the money. The Supreme Court noted that the seafarer had to comply with his obligation to return the excess......
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Del Rosario & Del Rosario law Offices | Philippines | 2 Oct 2013

Supreme Court rules tonsil cancer not work related

The Supreme Court recently ruled that a seafarer's tonsil cancer was not work related. The company-designated doctor had issued a medical certificate that the cancer was not work related, but the seafarer failed to seek a second opinion from a physician of his choice. Thus, the court had no option but to declare that the company-designated doctor's certificate was the final determination that......
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