The Philippines Supreme Court has held that Filipino seafarers must prove that an illness is work-related to claim under the POEA Contract, even though the illness is disputably presumed to be work-related, Standard Club reports.
The first instance court heard a seafarer diagnosed with a cyst whilst on board the vessel and was treated the next day at a shore medical facility with the cyst being removed. The illness causing the cyst was not included in the list of work-related occupational diseases under the POEA Contract.
After treatment the seafarer returned to the vessel and continued his employment. Two months later the contract ended under a probationary employment clause and the seafarer was repatriated.
The seafarer consulted his personal doctor who issued a certificate confirming he was permanently unfit for sea service. He then argued that he had persistent symptoms resulting from the cyst and that his employment was ended because of his illness, saying he was entitled to disability benefits.
The Philippines Supreme Court found that the seafarer was not medically repatriated and that his condition has a disputable presumption, due to not being under the POEA Contract.
Thus, the seafarer must prove the illness is work-related.
This case compels seafarers to prove that an illness not included in the POEA Contract, is work related.
The decision by the Supreme Court sets a precedent, meaning that shipowners are not required to prove a negative to avoid liability.
Additionally, owners are advised to keep records explaining the reasons crew are repatriated and obtain crew confirmation where possible in order to assist them counter future claims that crew were medically repatriated and entitled to compensation.
